Baker v. Commonwealth

CourtCourt of Appeals of Kentucky
Writing for the CourtHobson
Citation204 Ky. 420
PartiesBaker v. Commonwealth.
Decision Date23 September 1924
204 Ky. 420
Baker
v.
Commonwealth.
Court of Appeals of Kentucky.
Decided September 23, 1924.
Appeal from Owsley Circuit Court.

Page 421

RYLAND C. MUSICK, H. C. EVERSOLE and J. K. GABBARD for appellant.

FRANK E. DAUGHERTY, Attorney General, and GARDNER K. BYERS, Assistant Attorney General, for appellee.

OPINION OF THE COURT BY COMMISSIONER HOBSON — Reversing.


After the decision of this court in Gabbard v. Commonwealth, 193 Ky. 460, the indictment then before the court was dismissed, and the case was re-referred to the grand jury and a new indictment was found.

A trial was had under the new indictment of Grover Gabbard. At the conclusion of the evidence the court peremptorily instructed the jury to find him not guilty. The Commonwealth appealed; in this court it was held that the case should have been submitted to the jury, and the law was so certified to the circuit court. Commonwealth v. Gabbard, 200 Ky. 642. The facts of the case are stated in those opinions.

After the law had been so certified to the circuit court by this court, Harlan Baker was again placed on trial; the evidence was practically the same as on the last trial of the case. The jury returned a verdict finding him guilty of murder and fixing his punishment at confinement in the penitentiary for life. He appeals.

Appellant filed in the circuit court a special plea in bar of the further prosecution of the proceeding against him to the effect that Sanlin had been placed on trial for the offense and that he had testified for the Commonwealth on that trial and that he was discharged from all liability for the offense charged, "so necessarily disclosed in his testimony." Kentucky Statutes, section 1241a, subsection 7.

Page 422

This provision of the statute, however, only applies to the offense named in section 1241a, which is a felony. The indictment under which the trial was had does not charge a violation of this section. It simply charges a conspiracy to go to the home of Bessie Allen for the purpose of taking her therefrom and having carnal knowledge and illicit sexual intercourse with her. It does not charge that they conspired to do this against her will or consent, or by force. The charge is simply a conspiracy to commit a misdemeanor. The statute does not affect in any way the common law as to conspiracies, other than those named in the statute. Such conspiracies may be prosecuted and are in no way affected by this statute. The circuit court therefore properly...

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3 practice notes
  • Commonwealth v. Donoghue
    • United States
    • Court of Appeals of Kentucky
    • 23 Junio 1933
    ...the same general nature. And so has this court regarded them. Commonwealth v. Barnett, 196 Ky. 731, 245 S.W. 874; Baker v. Commonwealth, 204 Ky. 420, 264 S.W. 1069. The historical narrative to follow shows that the extreme condemnation of the business of the usurer during the period of the ......
  • Commonwealth v. Donoghue
    • United States
    • Kentucky Supreme Court
    • 23 Junio 1933
    ...the same general nature. And so has this court regarded them. Commonwealth v. Barnett, 196 Ky. 731, 245 S.W. 874; Baker v. Commonwealth, 204 Ky. 420, 264 S.W. 1069. The historical narrative to follow shows that the extreme condemnation of the business of the usurer during the period of the ......
  • Bynum v. Commonwealth
    • United States
    • Court of Appeals of Kentucky
    • 18 Abril 1933
    ...included in the indictment. The only case cited by counsel for appellant as sustaining this contention is that of Baker v. Commonwealth, 204 Ky. 420, 264 S.W. 1069. In that case the indictment charged that accused and others entered into a conspiracy to go to the home of deceased for the pu......
3 cases
  • Commonwealth v. Donoghue
    • United States
    • Court of Appeals of Kentucky
    • 23 Junio 1933
    ...the same general nature. And so has this court regarded them. Commonwealth v. Barnett, 196 Ky. 731, 245 S.W. 874; Baker v. Commonwealth, 204 Ky. 420, 264 S.W. 1069. The historical narrative to follow shows that the extreme condemnation of the business of the usurer during the period of the ......
  • Commonwealth v. Donoghue
    • United States
    • Kentucky Supreme Court
    • 23 Junio 1933
    ...the same general nature. And so has this court regarded them. Commonwealth v. Barnett, 196 Ky. 731, 245 S.W. 874; Baker v. Commonwealth, 204 Ky. 420, 264 S.W. 1069. The historical narrative to follow shows that the extreme condemnation of the business of the usurer during the period of the ......
  • Bynum v. Commonwealth
    • United States
    • Court of Appeals of Kentucky
    • 18 Abril 1933
    ...included in the indictment. The only case cited by counsel for appellant as sustaining this contention is that of Baker v. Commonwealth, 204 Ky. 420, 264 S.W. 1069. In that case the indictment charged that accused and others entered into a conspiracy to go to the home of deceased for the pu......

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