Hensley v. Commonwealth
This text of 64 Ky. 11 (Hensley v. Commonwealth) 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.
Opinion
delivered the opinion on the court:
Indicted for stealing Stephen Daniel’s bog, the appellant was convicted on proof of stealing the hog of Philip Daniel. The offense charged and that proved being thus essentially different, the indictment was not legal notice of the crime intended to be proved; and the conviction [12]*12for stealing Stephen's hog would not bar another prosecution for stealing Philip's hog, even though the same hog and the same offense.
Wherefore, the judgment is reversed, and the cause remanded for a new trial or dismission of the prosecution.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
64 Ky. 11, 1 Bush 11, 1866 Ky. LEXIS 71, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hensley-v-commonwealth-kyctapp-1866.