Commonwealth v. Ball
Court of Appeals of Kentucky
CASE 63. — PROSECUTION OF C. D. BALL AND PATTEN BALL FOR MURDER — Appeal from Bell Circuit Court. M. J. Moss, Circuit Judge. From a judgment of acquittal on peremptory instruction the Commonwealth appeals — 1. The appellee’s discharge is a fraud on the commonwealth and does not constitute a bar to further prosecution. It is the contention of the state that the facts show that the verdict was and is a fraud.
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CASE 63. — PROSECUTION OF C. D. BALL AND PATTEN BALL FOR MURDER — Appeal from Bell Circuit Court. M. J. Moss, Circuit Judge. From a judgment of acquittal on peremptory instruction the Commonwealth appeals — 1. The appellee’s discharge is a fraud on the commonwealth and does not constitute a bar to further prosecution. It is the contention of the state that the facts show that the verdict was and is a fraud. After the state had shown the corpus delicti, and had called Mitchell Teasley to the witness stand, the defendants asked that the jury be withdrawn for the purpose of their making a…
1Opinion of the Court
Opinion op the Court by
Judge Hobson
Certified.
The appellees were indicted by tbe grand jury of Bell county for tbe crime of murder in killing Meade Cottrell. They were placed on trial. The Commonwealth introduced evidence showing that the deceased was killed by the defendants in Bell county by shook ing him with a pistol. The shooting and wounding occurred in the State of Kentucky. After Cottrell was wounded, he was put upon an engine and carried across the State line to his father’s-, in Tennessee, where he died a few hours afterwards. When these facts were shown., on motion of the…
2Cited by6 opinions
- People v. DuffieldMichigan Supreme Court · 1972
- Commonwealth v. ApkinsCourt of Appeals of Kentucky · 1912
- Smith v. Southern Railway Co.Court of Appeals of Kentucky · 1909
- Melton's Administrator v. Southern Railway Co.Court of Appeals of Kentucky (pre-1976) · 1930
- Commonwealth v. MullinsCourt of Appeals of Kentucky · 1966
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