Commonwealth v. Keith

Court of Appeals of Kentucky

Commonwealth v. Keith

4 Ky. Op. 34, 1870 Ky. LEXIS 262

DecidedAugust 18, 1870

StatusPublished

This text of 4 Ky. Op. 34 (Commonwealth v. Keith) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Commonwealth v. Keith, 4 Ky. Op. 34, 1870 Ky. LEXIS 262 (Ky. Ct. App. 1870).

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Opinion

Opinion op the Court by

Judge Williams :

The indictment when taken altogether shows the charge to be that of malicious shooting and wounding another with the felonious intent to kill. The body of the indictment and the averments leave no room to doubt the character of the offense charged; the preamble to the indictment is not so direct, specific and certain. It accused the defendant “of the crime of wilfully and maliciously shooting at another with intent to kill, committed as follows,” and proceeding then with the specific averments as to time, place and manner of perpetrating the offense. The preamble and the body must be taken together, and if these show with certainty to a common intent that a felony was perpetrated it is sufficient. Burns v. Commonwealth, 3 Met., 14. The judgment dismissing the indictment is therefore reversed, with directions for another trial and revire de novo.

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Opinion op the Court by

Judge Williams :

The indictment when taken altogether shows the charge to be that of malicious shooting and wounding another with the felonious intent to kill. The body of the indictment and the averments leave no room to doubt the character of the offense charged; the preamble to the indictment is not so direct, specific and certain. It accused the defendant “of the crime of wilfully and maliciously shooting at another with intent to kill, committed as follows,” and proceeding then with the specific averments as to time, place and manner of perpetrating the offense. The preamble and the body must be taken together, and if these show with certainty to a common intent that a felony was perpetrated it is sufficient. Burns v. Commonwealth, 3 Met., 14. The judgment dismissing the indictment is therefore reversed, with directions for another trial and revire de novo.

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Bluebook (online)

4 Ky. Op. 34, 1870 Ky. LEXIS 262, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-keith-kyctapp-1870.