White v. Commonwealth
Court of Appeals of Kentucky
Case 23 — PROSECUTION AGAINST THOMAS WHITE FOR THE MURDER OF J. B. MARCUM. Appeal from Harrison Circuit Court. J. J Osbukn, Circuit Judge. Defendant convicted and appeals. We submit: 1. Tinder sec. 1118, Ky.
Read the full summary
Case 23 — PROSECUTION AGAINST THOMAS WHITE FOR THE MURDER OF J. B. MARCUM. Appeal from Harrison Circuit Court. J. J Osbukn, Circuit Judge. Defendant convicted and appeals. We submit: 1. Tinder sec. 1118, Ky. Stats., which provides that “no more than one charge of venue or application therefor shall be allowed to any person or the Commonwealth in the same case,” where the Commonwealth made application for a change of venue, which was sustained by the court, naming the county, and which motion was afterwards withdrawn, the motion can not again'be renewed and another county named. 2. When a…
1Opinion of the Court
Opinion by
Judge Settle-
Affirming.
The appellant, Thomas White and Cnrtis Jett were jointly indicted in the Breathitt Circuit Court for the murder of J. B. Marcum. After a mistrial in that court, a change of venue -was applied for in behalf of the Commonwealth, and was granted by the court, and the case transferred to the Harrison Circuit Court. A joint trial of the accused followed in the latter court, resulting in their conviction at the hands of the jury, and the fixing of the punishment of each of them at confinement in the penitentiary for life. A new trial was refused by the lower court,…
2Cases cited2 opinions
- Phillips v. Thomas Lumber Co.Court of Appeals of Kentucky · 1893
- Tully v. CommonwealthCourt of Appeals of Kentucky · 1877
3Cited by8 opinions
- Penman v. CommonwealthCourt of Appeals of Kentucky · 1911
- Banks v. CommonwealthCourt of Appeals of Kentucky · 1911
- Wallace v. CommonwealthCourt of Appeals of Kentucky · 1915
- Graham v. CommonwealthCourt of Appeals of Kentucky · 1915
- Carnes v. CommonwealthCourt of Appeals of Kentucky · 1970
3 more not listed; retrieve them via the Exa API.