Hourigan v. Commonwealth
Court of Appeals of Kentucky
Case 90 — INDICTMENT— 1. This court is not to determine the question of jurisdiction alone from an inspection of the indictment, hut from the whole record. (Walston v. Commonwealth, 16 B. M , 23.) 2. After the venue has been changed in a criminal case, there is no way known to the law by which it can ever get hack to the county from which it was taken. (Gen. Stats., chap. 12, art. 4, secs. 7, 8.) 3. Consent can not give jurisdiction.
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Case 90 — INDICTMENT— 1. This court is not to determine the question of jurisdiction alone from an inspection of the indictment, hut from the whole record. (Walston v. Commonwealth, 16 B. M , 23.) 2. After the venue has been changed in a criminal case, there is no way known to the law by which it can ever get hack to the county from which it was taken. (Gen. Stats., chap. 12, art. 4, secs. 7, 8.) 3. Consent can not give jurisdiction. (Lightfoot v. Commonwealth, 80 Ky., 524.) 4. It was error not to compel the Commonwealth to admit as true the-statements of the absent witnesses. (Bill of…
1Opinion of the Court
JUDGE HAZELRIGG
delivered the opinion op the court.
In June, 1888, the appellant was indicted in the Marion Circuit Court for the murder of Samuel Hays. At the following .term of that court, he obtained, in the regular way, a change of venue to Taylor county, .and at his first trial there was found guilty, and his punishment fixed at confinement in the State penitentiary for life. He was granted a new trial by that ■court. The case was brought to this court by the Commonwealth to have the rulings of the lower court reviewed and the law of the case settled. (See Commonwealth v. Hourigan, 89 Ky.,…
2Cases cited4 opinions
- O'Brien v. CommonwealthCourt of Appeals of Kentucky · 1889
- Commonwealth v. HouriganCourt of Appeals of Kentucky · 1889
- Lightfoot v. CommonwealthCourt of Appeals of Kentucky · 1882
- Rankin v. CommonwealthCourt of Appeals of Kentucky · 1884
3Cited by9 opinions
- State v. KentNorth Dakota Supreme Court · 1896
- Hagner v. United StatesCourt of Appeals for the D.C. Circuit · 1931
- Thomas v. CommonwealthCourt of Appeals of Kentucky · 1922
- Truax v. CommonwealthCourt of Appeals of Kentucky · 1912
- In re MoteSupreme Court of Kansas · 1916
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