Commonwealth v. Simons
Court of Appeals of Kentucky
Case 29 —MOTION APPEAL FROM JEFFERSON CIRCUIT COURT, CRIMINAL DIVISION. I. The provision of section 281 of the Criminal Code that a decision upon a motion to set aside an indictment shall not be subject to exceptions, relates to an exception by the defendant; this court has repeatedly entertained jurisdiction of such appeals by the (Commonwealth and upheld the same. (Corn. v. Slieggs, 3 Bush, 19; Com. v. English, 6 Bush, 431; Com. v. Rudd, 3 Ky.
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Case 29 —MOTION APPEAL FROM JEFFERSON CIRCUIT COURT, CRIMINAL DIVISION. I. The provision of section 281 of the Criminal Code that a decision upon a motion to set aside an indictment shall not be subject to exceptions, relates to an exception by the defendant; this court has repeatedly entertained jurisdiction of such appeals by the (Commonwealth and upheld the same. (Corn. v. Slieggs, 3 Bush, 19; Com. v. English, 6 Bush, 431; Com. v. Rudd, 3 Ky. L. R., 328; Com. v. Smith, 10 Bush, 476; Com. v. Pritchett, 11 Bush, 277; Com. v. Wright, 79 Ky., 22; Com. v. Minor, 89 Ky., 555; Com. v. L. & N. R.…
1Opinion of the CourtChief Justice Pryor
demyered the opinion op the court.
In this case there was a motion to set aside the indictment, the main ground being that others not grand jurors were present before the grand jury when they acted upon the indictment. The motion was sustained by the court below, and the Commonwealth has appealed, the motion here is to dismiss the appeal, as this court is without jurisdiction.
There are three grounds for setting aside an indictment mentioned in section 158 of the Code, and one of them is that contained in the motion made in this case. Section 281 of the Criminal Code provides: “The decision of…
2Cited by6 opinions
- Jenkins v. CommonwealthCourt of Appeals of Kentucky · 1915
- Mobile & Ohio R. R. v. CommonwealthCourt of Appeals of Kentucky · 1906
- Owens v. CommonwealthCourt of Appeals of Kentucky · 1920
- Miller v. CommonwealthCourt of Appeals of Kentucky · 1907
- Commonwealth v. JonesCourt of Appeals of Kentucky (pre-1976) · 1932
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