Legal Opinion

Sergent v. Commonwealth

Court of Appeals of Kentucky

Decided March 25, 1909PublishedCited by 9 opinions

Appeal from Harlan Circuit Court. M. J. Moss, Circuit Judge. Defendant convicted and appeals AUTHORITIES CITED. 1. On the point, jury summoned from Bell county not authorized. (Criminal Code, Sec. 194; Roberts v. Commonwealth, 94 Ky. p. 499 [point on p. 504]; Brown v. Commonwealth, 20 Ky. Law Rep., 1552 [point on, 1554]; Brafford v. Commonwealth, 16 S. W., 710;; Sutherland Statutory Construction, Yol. 2, Secs. 627, 629, 630.) 2. Bill of exceptions conclusively correct.

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Appeal from Harlan Circuit Court. M. J. Moss, Circuit Judge. Defendant convicted and appeals AUTHORITIES CITED. 1. On the point, jury summoned from Bell county not authorized. (Criminal Code, Sec. 194; Roberts v. Commonwealth, 94 Ky. p. 499 [point on p. 504]; Brown v. Commonwealth, 20 Ky. Law Rep., 1552 [point on, 1554]; Brafford v. Commonwealth, 16 S. W., 710;; Sutherland Statutory Construction, Yol. 2, Secs. 627, 629, 630.) 2. Bill of exceptions conclusively correct. (Commonwealth v. Patterson, 8, S. W., 694; Dodson v. Commonwealth, 25, Ky. Law Rep. 1765; Johnson v. Commonwealth, 9, Bush,…

1Opinion of the Court

Opinion of the Court by

Chief Justice Settle

Affirming.

*286The appellant, Henry Sergent, was indicted by the grand jury of Harlan county for the murder of Henderson Tweed. The trial resulted in a verdict from the jury finding appellant guilty as charged, and fixing his punishment at confinement in the penitentiary for life. Judgment was entered in conformity to the verdict, and, having been refused a new trial in the court below, he has appealed.

The homicide occurred in Harlan county, at the residence of Mrs. Bettie Clemn, a widow, under the the following circumstances: Tweed, in passing the house…

2Cases cited2 opinions

  1. Howard v. CommonwealthCourt of Appeals of Kentucky · 1904
  2. Roberts v. CommonwealthCourt of Appeals of Kentucky · 1893

3Cited by9 opinions

  1. Frasure v. CommonwealthCourt of Appeals of Kentucky · 1916
  2. Daniel v. CommonwealthCourt of Appeals of Kentucky · 1913
  3. Logan v. CommonwealthCourt of Appeals of Kentucky · 1917
  4. Marcum v. CommonwealthCourt of Appeals of Kentucky · 1924
  5. Bates v. CommonwealthCourt of Appeals of Kentucky · 1920

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