Respass v. Commonwealth
Court of Appeals of Kentucky
■Case 26 — INDICTMENT— APPEAL PROM KENTON CIRCUIT CJURT. The court erred in holding that the appellant’s plea in bar was not good. Civil Code secs. 164, 168; Kemper v. Com., 85 ■Ky., 219; Higgins v. Prater, 91 Ky., 6; Con.
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■Case 26 — INDICTMENT— APPEAL PROM KENTON CIRCUIT CJURT. The court erred in holding that the appellant’s plea in bar was not good. Civil Code secs. 164, 168; Kemper v. Com., 85 ■Ky., 219; Higgins v. Prater, 91 Ky., 6; Con. Conventional Debates, vol. 2, pages 2923, 2924, 2925, 2932, 2934; Houston v. Moore, 5 Wheaton, 29. Counsel urged for reversal other reasons which are rendered ■immaterial by the conclusions reached by the court. 1. Objections to the formation of the jury can not be made for the first time in this court. Haggard v. Com., 79 Ky., 366; Terrel, v. Com., 13 Bush, 246; Rutherford…
1Opinion of the CourtChief Justice Hazelrigg
The appellant was indicted in the Kenton circuit court for the offense of maintaining and continuing a common and public nuisance. Upon his trial he was fined the sum of $1,000, and on this appeal complains: First. Of several alleged errors occurring at the trial, of which, however, he made no complaint at the time. These need not be considered. Second. That his plea of former conviction for the same offense was held insufficient. Appellant’s first plea was that he had been convicted of the offense charged in the indictment by judgment in the Kenton Circuit court, rendered on the --day of…
2Cases cited4 opinions
- Mayor v. AllaireSupreme Court of Alabama · 1848
- Shafer v. MummaCourt of Appeals of Maryland · 1861
- Kemper v. CommonwealthCourt of Appeals of Kentucky · 1887
- City of Owensboro v. SimmsCourt of Appeals of Kentucky · 1896
3Cited by6 opinions
- City of Louisville v. WehmhoffCourt of Appeals of Kentucky · 1903
- Ehrlick v. CommonwealthCourt of Appeals of Kentucky · 1907
- Leitchfield Mercantile Co. v. CommonwealthCourt of Appeals of Kentucky · 1911
- State v. TuckerWashington Supreme Court · 1926
- Lucas v. CommonwealthCourt of Appeals of Kentucky · 1904
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