Armstrong v. Com.

• Decision Date: 06 February 1895
• Citation: 29 S.W. 342
• Parties: ARMSTRONG v. COMMONWEALTH.
• Court: Kentucky Court of Appeals

29 S.W. 342

ARMSTRONG v. COMMONWEALTH.

Court of Appeals of Kentucky.

February 6, 1895

Appeal from circuit court, Breathitt county.

"Not to be officially reported."

Manford Armstrong was convicted of arson, and appeals. Affirmed.

W. W Vaughan, for appellant.

W. J Hendrick, for the Commonwealth.

LEWIS J.

In the indictment under which appellant was separately tried and convicted, he and others are charged with the offense of arson, committed as follows: "Said defendants, James Collins, Manford Armstrong, Rufus Armstrong, Robert Jordan Nancy Ann Collins, and Martha Jordan, on November 8, 1894, in the county and circuit aforesaid, did unlawfully conspire, and confederate together for the purpose of burning the dwelling house of Reubin McGuire, and while said banding, conspiring, and confederating existed, the said defendants did unlawfully, willfully, and feloniously set fire to and burn the dwelling house of said Reubin McGuire, against the peace and dignity of the commonwealth of Kentucky."

One ground for reversal urged is that the indictment does not charge in what county the offense was committed. The Criminal Code requires an indictment to be direct and certain, as regards the county in which the offense is committed. But no formal language need be used, it being sufficient to indicate the county so directly and certainly as to leave no reasonable doubt on that subject. In the indictment under consideration, the county and circuit where the conspiracy was formed to commit the offense are stated, and a person of ordinary intelligence would naturally understand the offense was charged to have been committed in Breathitt county. Indeed, such is the proper interpretation and meaning of the language used.

The next error complained of is that Sam Collins, a witness for the commonwealth, was permitted, over defendant's objection, to testify that his mother, one of the alleged conspirators, and her brother, had threatened to kill him if he testified as a witness for the commonwealth. He, as stated by him, went with those indicted, to the house of McGuire, at night, and aided in stealing meat therefrom; and, after they had gone some distance away two of them, Rufus Armstrong and defendant Manford Armstrong, said they were going back for the purpose of burning the house, and did go in that direction. But, upon cross-examination by defendant, the witness (a boy about 15 years old) admitted he had made an affidavit, in...