Breckinridge v. Commonwealth
Court of Appeals of Kentucky
Case 43 — INDICTMENT APPEAL PROM BALLARD CIRCUIT COURT. 1. Defendant’s objection to C. H. Thomas acting as special judge should have been sustained. A special judge is required to have the qualifications of a circuit judge, and one of those qualifications is a residence in the district for two years next preceding his election. (Ky.
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Case 43 — INDICTMENT APPEAL PROM BALLARD CIRCUIT COURT. 1. Defendant’s objection to C. H. Thomas acting as special judge should have been sustained. A special judge is required to have the qualifications of a circuit judge, and one of those qualifications is a residence in the district for two years next preceding his election. (Ky. Stats., sec. 968; Const, of Ky., secs. 129, 130.) 2. The indictment is fatally defective as an indictment for either robbery or larceny, because it does not charge that the money was taken from the person or m the presence of E. B. McNeal. (1 Wharton’s Am. Crim.…
1Opinion of the Court
JUDGE GRACE
delivered the opinion of the court.
The appellant, James Breckinridge, in connection with Wm. O'Bryan and Frank P. Brown, having been indicted by the grand jury of Ballard county for robbery, and tried ■ and convicted and sentenced by the circuit court *269of that county to ten years- confinement in the State penitentiary in accordance with the verdict of the jury, now prosecutes this appeal.
The first objection urged is to the special judge who tried the cause, the defendant having filed his affidavit objecting to the Hon. X. P. Moss, the circuit judge of that 'district. Thereupon, the…
2Cited by13 opinions
- Johnson v. StateSupreme Court of Alabama · 1916
- Patton v. StateSupreme Court of Alabama · 1916
- Armstrong v. CommonwealthCourt of Appeals of Kentucky · 1921
- State v. LambSupreme Court of Missouri · 1912
- Davis v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1929
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