Franklin v. Commonwealth
Court of Appeals of Kentucky
Case 27 — INDICTMENT FOR HOMICIDE 1. The illegality of the presence of the county attorney in the grand jury room during the examination of witnesses was ground for quashing the indictment'and was good in arrest of judgment. 2. The court had no power to extend the term over Sunday for the purpose of giving the jury an. opportunity to deliberate and of receiving the verdict. 3. The court should have permitted the defendant an opportunity to inspect the minutes of the…
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Case 27 — INDICTMENT FOR HOMICIDE 1. The illegality of the presence of the county attorney in the grand jury room during the examination of witnesses was ground for quashing the indictment'and was good in arrest of judgment. 2. The court had no power to extend the term over Sunday for the purpose of giving the jury an. opportunity to deliberate and of receiving the verdict. 3. The court should have permitted the defendant an opportunity to inspect the minutes of the testimony taken before the grand jury. 4. The court erred in -admitting and rejecting evidence. Citations: Ky. Stat., Art. 2,…
1Opinion of the Court
JUDGE HOBSON
delivered the opinion op the court.
The appellant, Noah Franklin, appeals to this court from a judgment of the court below sentencing him to tlife *240penitentiary for life, on the charge of murdering Daisy Sullivan. Several errors are relied on for reversal.
The county attorney went into the grand jury room, and assisted in the examination of the witnesses. Appellant moved on this ground to quash the indictment. The court overruled the motion, and in this, we think, there was no error. The county attorney is, under our statute, in effect an assistant of the Commonwealth attorney, and…
2Cases cited3 opinions
- Kaelin v. CommonwealthCourt of Appeals of Kentucky · 1886
- Meece v. CommonwealthCourt of Appeals of Kentucky · 1880
- Ragan v. Kansas City & Southeastern Railway Co.Supreme Court of Missouri · 1892
3Cited by19 opinions
- State v. MathesonSupreme Court of Iowa · 1905
- Fooshee v. StateCourt of Criminal Appeals of Oklahoma · 1910
- Commonwealth v. JacksonCourt of Appeals of Kentucky (pre-1976) · 1955
- Howard v. CommonwealthCourt of Appeals of Kentucky · 1904
- Harris v. CommonwealthKentucky Supreme Court · 2004
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