Legal Opinion

Mickey v. Commonwealth

Court of Appeals of Kentucky

Decided September 3, 1873PublishedCited by 26 opinions

Case 14 — INDICTMENT APPEAL FROM OLDHAM CIRCUIT COURT. CITED Criminal Code, secs. 226, 236, 237, 247. Myers’s Supplement, pp. 161, 78. 5 Bush, 698, Able v. Commonwealth. 1 Bishop’s Criminal Law, pp. 475, 476. 8 Bush, 481, Bohannan v. Commonwealth. 6 Bush, 320, Young v. Commonwealth. 1 Starkie on Evidence, 543. 2 Starkie on Evidence, side page 523. 7 Bush, 124, Carico v. Commonwealth. 2 Duvall, 328, Phillips v. Commonwealth. 7 Bush, 321, Blimm v. Commonwealth. 1 Duvall, 228,…

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Case 14 — INDICTMENT APPEAL FROM OLDHAM CIRCUIT COURT. CITED Criminal Code, secs. 226, 236, 237, 247. Myers’s Supplement, pp. 161, 78. 5 Bush, 698, Able v. Commonwealth. 1 Bishop’s Criminal Law, pp. 475, 476. 8 Bush, 481, Bohannan v. Commonwealth. 6 Bush, 320, Young v. Commonwealth. 1 Starkie on Evidence, 543. 2 Starkie on Evidence, side page 523. 7 Bush, 124, Carico v. Commonwealth. 2 Duvall, 328, Phillips v. Commonwealth. 7 Bush, 321, Blimm v. Commonwealth. 1 Duvall, 228, Smith v. Commonwealth. 1 Met. 13, Thompson v. Commonwealth. 1 Bishop on Criminal Proceedings, secs. 1069-1071. 2 Bishop…

1Opinion of the Court

JUDGE LINDSAY

delivered the opinion oe the court.

The bill of exceptions shows that it contains all the instructions given. It states that after the testimony was heard “ the court, on motion of the commonwealth’s attorney, instructed the jury as follows, to wit.” Then followed six instructions. If either of the instructions given was omitted, then the statement that the jury was “instructed as follows” is not true. The language preceding the instructions given for the appellant is substantially the same. It is, “The court instructed the jury as follows, on motion of the defendant.” We must…

2Cases cited2 opinions

  1. Allard v. SmithCourt of Appeals of Kentucky · 1859
  2. Tipton v. TriplettCourt of Appeals of Kentucky · 1859

3Cited by26 opinions

  1. State v. MaddenSupreme Court of New Jersey · 1972
  2. People v. BrighamCalifornia Supreme Court · 1979
  3. State v. FairSupreme Court of New Jersey · 1965
  4. Jackson v. StateSupreme Court of Georgia · 1969
  5. Marion v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1937

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