Kennedy v. Commonwealth
Court of Appeals of Kentucky
CASE 8 — INDICTMENT—OCTOBER APPEAL PROM FULTON EQUITY AND CRIMINAL COURT. cited sec. 1, art. 10, Rev. Stat., page 255; 15 B. Mon., 536; 3 Greenleaf, sec. Ill; 7 Carr. Sf Payne, 224; Wharton's Amer. Crim. Law, 4th ed., page 633 ; Russ. 4- Ryan, 245; 10 Metcalf, 256 ; 5 Day, 175; 5 Leigh, 708 ; 15 Ohio Rep., 217.
1Opinion of the Court
JUDGE STITES
delivered the opinion of the court:
This appeal is prosecuted by Kennedy to reverse a judgment of the Fulton criminal court, sentencing him to the penitentiary for uttering and passing a counterfeit bank bill.
Three grounds are relied on :
1. That the demurrer to the indictment and motion in arrest of judgment should have been sustained, because the indictment fails to charge facts constituting a public offense.
2. That improper testimony was allowed to go to the jury; and
3. That there was error in refusing the 4th instruction asked for by appellant.
The prosecution seems to have been…
2Cited by11 opinions
- Siegel v. CommonwealthCourt of Appeals of Kentucky · 1917
- Higgins v. DrennanMassachusetts Supreme Judicial Court · 1892
- Perry v. GriefenSupreme Judicial Court of Maine · 1904
- Ayer v. BartlettMassachusetts Supreme Judicial Court · 1898
- Bank of the North West v. TaylorWisconsin Supreme Court · 1863
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