Commonwealth v. Simons
| Decision Date | 21 November 1896 |
| Citation | 100 Ky. 164,37 S.W. 949 |
| Parties | COMMONWEALTH v. SIMONS. |
| Court | Kentucky Court of Appeals |
Appeal from circuit court, Jefferson county.
"To be officially reported."
An indictment against Lynch Simons was set aside on motion, and the commonwealth appeals. Dismissed.
O'Neal & Pryor, Stone & Suddeth, and J. H. Eaton, for the Commonwealth.
Zack Phelps and Kohn, Baird & Spindle, for appellee.
In this case there was a motion to set aside the indictment, the main ground being that others, not grand jurors, were present before the grand jury when they acted upon the indictment. The motion was sustained by the court below, and the commonwealth has appealed. The motion here is to dismiss the appeal, as the court is without jurisdiction. There are three grounds for setting aside an indictment mentioned in section 158 of the Criminal Code, and one of them is that contained in the motion made in this case. Section 281 of the Criminal Code provides: In such a state of case, the sufficiency of the indictment is not invoked, and the sole question is to be determined by the trial judge upon such proof as may be heard, and his disposition of the motion is not the subject of revision by this court. It is not the subject of an exception by either side, the law placing the entire matter within the discretion of the trial judge; and therefore this court has not looked into the merits of the motion, and no doubt the trial judge is better able, with the testimony before him, than this court would be, to determine whether or not an indictment had been improperly procured. We must administer the law as we find it, and that an appeal will not lie is manifest. Appeal dismissed.
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Miller v. Commonwealth
... ... aside an indictment, or by the defendant to its refusal to do ... so. The power conferred upon the circuit court by the ... mandatory provisions of section 281 is broad and beyond the ... revisory control of this court. Commonwealth v ... Simons, 100 Ky. 164, 37 S.W. 949. Section 281 was ... enacted after the repeal of the former statute disqualifying ... persons of the colored race for jury service. It does not in ... meaning or effect discriminate against persons of any race or ... color, and its enactment, according to numerous ... ...
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Owens v. Commonwealth
... ... aside an indictment, or by the defendant to its refusal to ... do so. The power conferred upon the circuit court by the ... mandatory provisions of section 281 is broad and beyond the ... revisory control of this court. Commonwealth v ... Simons, 100 Ky. 164, 37 S.W. 949, 18 Ky. Law Rep. 648 ... Section 281 was enacted after the repeal of the former ... statute disqualifying persons of the colored race for jury ... service. It does not in the meaning or effect discriminate ... against persons of any race or color, and its enactment, ... ...
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Miller v. Commonwealth
...court by the mandatory provisions of section 281 is broad and beyond the revisory control of this court. Commonwealth v. Simons, 100 Ky. 164, 37 S. W. 949, 18 Ky. Law Rep. 648. Section 281 was enacted after the repeal of the former statute disqualifying persons of the colored race for jury ......
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Commonwealth v. Starrett
... ... Law ... Rep. 267; Turner v. Commonwealth, 80 S.W. 197, 25 ... Ky. Law Rep. 2161; Alderson v. Commonwealth, 74 ... S.W. 679, 25 Ky. Law Rep. 32; Howard v ... Commonwealth, 118 Ky. 1, 80 S.W. 211, 81 S.W. 704 ... [[[25 Ky. Law Rep. 2213] 26 Ky. Law Rep. 363; ... Commonwealth v. Simons, 100 Ky. 164 [37 S.W. 949, ... 18 Ky. Law Rep. 648]; Commonwealth v. Goulet, 140 Ky. 843 ... [132 S.W. 151]." ... Counsel ... for the commonwealth frankly admit that this court is without ... jurisdiction to review the ruling of the circuit court ... complained of, but ... ...