Commonwealth v. Tanner
Court of Appeals of Kentucky
CASE 6 — INDICTMENT APPEAL FROM KENTON CIRCUIT COURT. CITED— Revised Statutes, sec. 2, art. 5, 1 Stanton, 381. Criminal Code, secs. 127, 128. 1 Bush, 2; Dickerson vs. Commonwealth. CITED— Revised Statutes, sec. 2, art. 5, chap. 28. 1 Russell's Grim.
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CASE 6 — INDICTMENT APPEAL FROM KENTON CIRCUIT COURT. CITED— Revised Statutes, sec. 2, art. 5, 1 Stanton, 381. Criminal Code, secs. 127, 128. 1 Bush, 2; Dickerson vs. Commonwealth. CITED— Revised Statutes, sec. 2, art. 5, chap. 28. 1 Russell's Grim. Law, 866, 869, 870, 874, 871, 872, 873. 2 Wharton's C. L., 1695, 1703, 1697, 1704, 1697, 1698. 1 Wharton, 354, 63, 285, 287, 288, 290. 1 Duvall, 91; Mount vs. Commonwealth. 2 Duvall, 159 ; Rhodes vs. Commonwealth. 1 Wharton's Grim. Ind'ts, 189, 196, 197, 191. 2 Arch. Crim. Prac. and PL, 521. 1 Duvall, 150 ; Commonwealth vs. -. 1 Duvall, 161 ;…
1Opinion of the Court
JUDGE PETERS
delivered the opinion of the court:
Appellee was indicted in the Kenton circuit court for an assault with intent to rob. After a trial and verdict of guilty by the jury, he moved the court to arrest the judgment, and to dismiss the indictment. Both of these motions were sustained, and the Commonwealth has appealed.
The indictment was found under section 2, article 5, chapter 28, 1 Revised Statutes, 381, which reads as follows: “If any person, with an offensive weapon or •instrument, shall unlawfully or maliciously assault, or shall by menace, or in or by any forcible or violent…
2Cases cited1 opinion
- Taylor v. CommonwealthCourt of Appeals of Kentucky · 1868
3Cited by9 opinions
- Chappell v. CommonwealthCourt of Appeals of Kentucky · 1923
- Robertson v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1937
- Carroll v. CommonwealthCourt of Appeals of Kentucky · 1915
- Allen v. CommonwealthCourt of Appeals of Kentucky · 1917
- Hannah v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1931
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