Wiggins v. Commonwealth
Court of Appeals of Kentucky
Case 102 — INDICTMENT FOR HOMICIDE APPEAL PROM MUHLENBERG CIRCUIT COURT. 1. It was error to refuse the defendant a continuance. Crim. Code, sec. 189; Hardesty v. Com., 88 Ky., 537; Murphy v. Com., 92 .Ky., 485. 2. It was error to refuse the defendant the right, of peremptory challenge as to jurors who had been passed silently in filling the panel. 3. The juror, Divine, was incompetent. 1. The refusal to continue the case was proper. Crim.
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Case 102 — INDICTMENT FOR HOMICIDE APPEAL PROM MUHLENBERG CIRCUIT COURT. 1. It was error to refuse the defendant a continuance. Crim. Code, sec. 189; Hardesty v. Com., 88 Ky., 537; Murphy v. Com., 92 .Ky., 485. 2. It was error to refuse the defendant the right, of peremptory challenge as to jurors who had been passed silently in filling the panel. 3. The juror, Divine, was incompetent. 1. The refusal to continue the case was proper. Crim. Code, sec. 189 as amended by the act of 1886. 2. Defendant. had no right to challenge after the panel had been filled, jurors who had been silently passed…
1Opinion of the Court
JUDGE DuRELLE
delivered the opinion OE the coubt.
The appellant was indicted for the murder of John Bruce in January, 1897, and the case continued from term to term, until September 6, 1898, when, upon motion of the Commonwealth, the indictment was dismissed, “and this prosecution is remanded to the present grand jury of Muhlenberg county.” On the same day another indictment was returned by the grand jury, accusing appellant of the murder of N. If. Bruce. On the same day the case was called, the Commonwealth announced ready for trial, and appellant moved for a continuance upon the ground of the…
2Cases cited1 opinion
- Munday v. CommonwealthCourt of Appeals of Kentucky · 1883
3Cited by6 opinions
- Bowman v. CommonwealthCourt of Appeals of Kentucky · 1912
- Commonwealth v. MarionSupreme Court of Pennsylvania · 1911
- Breeden v. CommonwealthCourt of Appeals of Kentucky · 1912
- Lawson v. CommonwealthCourt of Appeals of Kentucky · 1914
- Rhodes v. CommonwealthCourt of Appeals of Kentucky · 1913
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