Legal Opinion

Commonwealth v. Miller

Court of Appeals of Kentucky

Decided September 17, 1881PublishedCited by 11 opinions

Case 91 — INDICTMENT APPEAL FROM CALLOWAY CIRCUIT COURT. 1. The indictment is sufficient. :2. The statement of the indictment as to the time at which the offense was committed is not material further than as a statement that it was committed before the time of finding the indictment, unless the time be a material ingredient in the offense. (Crim. Code, see. 129; lb., 136, 137; Wharton’s Am. Crim.

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Case 91 — INDICTMENT APPEAL FROM CALLOWAY CIRCUIT COURT. 1. The indictment is sufficient. :2. The statement of the indictment as to the time at which the offense was committed is not material further than as a statement that it was committed before the time of finding the indictment, unless the time be a material ingredient in the offense. (Crim. Code, see. 129; lb., 136, 137; Wharton’s Am. Crim. Law, vol. 1, 261; 5 Howard (Miss.), 14; 4 Dana, 496; 9 Co wen, 660; Chitty’s Crim Law, 117,. 557, 173; 15 Vermont, 291; Thacher’s Cr. Ca., 147; 3 McLean, 89;, 3 Hawkins, 384; 5 S. & JR., 316; 4…

1Opinion of the CourtChief Justice Lewis

The only question in this case is, whether the demurrer to-the indictment was properly sustained.

The defendant is charged with having committed the-offense upon the same day that the indictment was presented to the court by the foreman of the grand jury and filed, viz: on the 24th of November, 1880.

The commission of the offense is charged as follows: “The said J. A. Miller did, on the 24th day of November, 1880, in the county aforesaid, carry concealed on and about his person a pistol, the same being a deadly weapon,”1 &c.

Section 129, Criminal Code, is as follows: “The statement in the…

2Cited by11 opinions

  1. Boos v. StateIndiana Supreme Court · 1914
  2. Conrand v. StateSupreme Court of Arkansas · 1898
  3. Morgan v. CommonwealthCourt of Appeals of Kentucky · 1916
  4. State v. IrishSupreme Court of Minnesota · 1931
  5. White v. StateWyoming Supreme Court · 1915

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