Commonwealth v. Hourigan
Court of Appeals of Kentucky
Case 49 — APPEAL’ PROM TAYLOR CIRCUIT COURT. 1. The Commonwealth may appeal in a felony case, although there has-not been a final judgment. (Commonwealth v. Cain, 14 Bush, 526; Commonwealth v. Bruce, 79 Ky., 560; Criminal Code, sec. 335.) 2. The Commonwealth was entitled to have some sort of a bill of exceptions signed by the judge.
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Case 49 — APPEAL’ PROM TAYLOR CIRCUIT COURT. 1. The Commonwealth may appeal in a felony case, although there has-not been a final judgment. (Commonwealth v. Cain, 14 Bush, 526; Commonwealth v. Bruce, 79 Ky., 560; Criminal Code, sec. 335.) 2. The Commonwealth was entitled to have some sort of a bill of exceptions signed by the judge. (Criminal Code, sec. 282; Civil Code,, sees. 335, 337.) 3. It was error to allow the affidavit for a continuance to be amended by defendant, and to require the Commonwealth to admit the truth of the same after the continuance had been denied on the original…
1Opinion of the Court
JUDGE HOLT
delivered the opinion of the court.
At the June term, 1889, of the Taylor Circuit Court, the appellee, Thomas J. Hourigan, was convicted of *308murder for the killing of his brother-in-law, Samuel B. Hays, and his punishment fixed by the jury at confinement in the penitentiary for life. A new trial was granted.
During the progress of the trial the Commonwealth, excepted to various decisions of the court, and now, although the case has not been finally disposed of, it questions, by appeal, their correctness, in order that there may be, in the language of the Criminal Code, a “correct and…
2Cases cited5 opinions
- Mitchell v. CommonwealthCourt of Appeals of Kentucky · 1879
- Garrott v. RatliffCourt of Appeals of Kentucky · 1885
- Hayden v. Ortkeiss' Adm'rCourt of Appeals of Kentucky · 1885
- Crittenden v. CommonwealthCourt of Appeals of Kentucky · 1884
- Arnold v. LeathersCourt of Appeals of Kentucky · 1834
3Cited by34 opinions
- Williams v. StateMississippi Supreme Court · 1896
- Shell v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1932
- People v. . HarrisNew York Court of Appeals · 1913
- Vinegar v. CommonwealthCourt of Appeals of Kentucky · 1898
- Curtis v. CommonwealthCourt of Appeals of Kentucky · 1901
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