Legal Opinion

Brooks v. Commonwealth

Court of Appeals of Kentucky

Decided October 16, 1895PublishedCited by 17 opinions

Casis 26 — INDICTMENT— APPEAL FROM BOONE CIRCUIT COURT. In support of his demurrer to the indictment appellant cites Commonwealth v. Tupman, decided by this court, April 25, 1895, 30 S. W. Rep., 661. The court properly instructed the jury, and their finding upon the facts can not be disturbed.

1Opinion of the Court

JUDGE LEWIS

DELIVERED. THE OPINION OF THE COURT.

Section 124, Criminal Code, requires an indictment to be direct and certain as regards, first, the party charged; second, tlie offense charged; third, the comity charged; fourth, the particular circumstances of the offense charged, if they be necessary to constitute a complete offénse.

The indictment in this case, or so much as is necessary to quote, is as follows: “The grand jury of Boone county, in the name and by tlie authority of the Commonwealth of Kentucky, accuse Lee H. Brooks of the offense of suffering and permitting-on his premises,…

2Cited by17 opinions

  1. Bennett v. CommonwealthCourt of Appeals of Kentucky · 1912
  2. Deaton and Boggs v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1927
  3. Elliott v. CommonwealthCourt of Appeals of Kentucky · 1922
  4. Commonwealth v. TobinCourt of Appeals of Kentucky · 1910
  5. State v. GatesWashington Supreme Court · 1902

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