Dilger v. Commonwealth
Court of Appeals of Kentucky
Case 85 —INDICTMENT— APPEAL FROM JEFFERSON CIRCUIT COURT. 1. The court erred in dismissing the first indictment and re-submitting the case to the grand jury. The dismissal was clandestinely had on a day when the case was not set for trial, and therefore the appellant had no opportunity to except, and can not be prejudiced by his failure to do so. 2. The appellant’s motion for a ehange of venue should have been sustained.
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Case 85 —INDICTMENT— APPEAL FROM JEFFERSON CIRCUIT COURT. 1. The court erred in dismissing the first indictment and re-submitting the case to the grand jury. The dismissal was clandestinely had on a day when the case was not set for trial, and therefore the appellant had no opportunity to except, and can not be prejudiced by his failure to do so. 2. The appellant’s motion for a ehange of venue should have been sustained. Appellant, by his petition and affidavits, presented a prima facie case, and the burden was then thrown upon the Commonwealth. (Johnson v. Commonwealth, 5 Ky. Law Rep., 877.)…
1Opinion of the Court
JUDGE HOLT
delivered the opietoe oe the court.
The appellant, Charles Dilger, is under sentence of death. His counsel urge that the verdict is not the result of a fair trial, but of popular clamor. In a ease like this one, where, apparently at least, affluent circumstances and influential friends are lacking, those who administer the law should be especially alert, and stand like a wall between the passion of the hour and the object of *554it, insuring to Mm, however humble, an impartial trial. Without this barrier no citizen is safe. Remove it and the liberty, or what is more, the life' of every…
2Cited by33 opinions
- Commonwealth v. PhelpsMassachusetts Supreme Judicial Court · 1911
- Reed v. CommonwealthCourt of Appeals of Kentucky · 1907
- Stevens v. CommonwealthCourt of Appeals of Kentucky · 1906
- Lewis v. CommonwealthCourt of Appeals of Kentucky · 1910
- Maggard v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1929
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