Adams v. Commonwealth

Opinion op the Court by

Chief Justice Clay

Affirming.

John D. Adams appeals from a two-year sentence for malicious shooting and wounding with intent to kill.

First, it is claimed that the plea of former jeopardy should have been sustained. On this point the facts are: After the case had been called for trial on the original indictment and the jury had been accepted and sworn and the commonwealth’s attorney had stated the case, appellant by counsel demurred to the indictment. There upon the court sustained the demurrer, and, over the objection of appellant, re-referred the case to the grand, jury,…