Commonwealth v. Turrell

Court of Appeals of Kentucky

Commonwealth v. Turrell

8 Ky. Op. 730, 1876 Ky. LEXIS 226

DecidedSeptember 7, 1876

StatusPublished

This text of 8 Ky. Op. 730 (Commonwealth v. Turrell) 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. Turrell, 8 Ky. Op. 730, 1876 Ky. LEXIS 226 (Ky. Ct. App. 1876).

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Opinion

Opinion by

Judge Cofer :

As decided at the-present term in Commonwealth v. Newton, the circuit court had no jurisdiction of this case; but as the bond made the foundation of the proceeding is invalid, the commonwealth has not been prejudiced by the judgment appealed from.

The bond does not show that the principal therein was in custody charged with a public offense, and therefore fails to show any consideration for its execution. The bond does not, like ordinary written contracts, import a consideration. Criminal Code, Sec. 8o.

Judgment affirmed.

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Opinion by

Judge Cofer :

As decided at the-present term in Commonwealth v. Newton, the circuit court had no jurisdiction of this case; but as the bond made the foundation of the proceeding is invalid, the commonwealth has not been prejudiced by the judgment appealed from.

The bond does not show that the principal therein was in custody charged with a public offense, and therefore fails to show any consideration for its execution. The bond does not, like ordinary written contracts, import a consideration. Criminal Code, Sec. 8o.

Judgment affirmed.

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Bluebook (online)

8 Ky. Op. 730, 1876 Ky. LEXIS 226, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-turrell-kyctapp-1876.