Commonwealth v. Caldwell

Opinion of the Court by

Drury, Commissioner—

Certifying the law.

On March 9,1927, some one slew Wm. Hurt. French Caldwell was charged by indictment with his murder. He was tried in November, 1927, and the jury failed to agree. The commonwealth appealed under sections 334, 335, 337, etc., of Criminal Code of Practice, for a certifi-cation of the law. See Com. v. Caldwell, 233 Ky. 65, 2 S. W. (2d) 1055. Another mistrial was had in September, 1928, and still another in June, 1930. When the time for this last trial came, the commonwealth petitioned for a change of venue. To this the defendant filed…