Redmon v. The Commonwealth

• Decision Date: 02 October 1884
• Citation: 82 Ky. 333
• Parties: Redmon v. The Commonwealth.
• Court: Kentucky Court of Appeals

82 Ky. 333

Redmon v. The Commonwealth.

Court of Appeals of Kentucky.

October 2, 1884.

APPEAL FROM BOURBON CIRCUIT COURT.

OFFUTT & FORD. W. H. WADSWORTH, W. C. P. BRECKINRIDGE, G. C. LOCKHART, FOR APPELLANT.

P. W. HARDIN ATTORNEY GENERAL, FOR APPELLEE.

CHIEF JUSTICE HINES DELIVERED THE OPINION OF THE COURT.

From a conviction and sentence to the penitentiary for nine years on the charge of murder, this appeal is taken.

The principal ground relied upon for reversal is that the verdict of the jury was arrived at by lot. It appears that there was no difference of opinion among the jury as to the guilt of appellant, and no individual opinion expressed as to the character of punishment that should be inflicted, when it was agreed that each juror should write upon a slip of paper the length of time he thought the accused should be confined in the penitentiary, and that these sums, when added together and divided by twelve, should be the verdict they would return. The result was nine years and some months, but by common consent the months were dropped, and a verdict for nine years, as the result of the agreement, was returned.

Jurors were examined under authority of section 272, of the Criminal Code, to establish the fact that the verdict was arrived at by lot, and the question presented for the consideration of the trial court for the first time on the motion for a new trial.

Section 280 provides that either party may except to any decision of the court by which the substantial rights of the party are prejudiced. But section 281 provides that: "The decision of the court upon challenges to the panel, and for cause, upon motions to set aside an indictment, and upon motions for a new trial, shall not be subject to exception." Section 282 provides that the exceptions shall be shown upon the record by a bill of exceptions, prepared as in civil cases. Section 340, as amended, reads: "A judgment of conviction shall be reversed for any error of law appearing on the record, when, upon consideration of the whole case, the court is satisfied that the substantial rights of the defendant have been prejudiced thereby."

From these provisions of the Code the jurisdiction of this court to try and determine felony cases is derived. The Constitution confers no jurisdiction upon this court in such cases, but authorizes the Legislature to grant such jurisdiction as it may think proper. We have no more right to depart from or to enlarge the limits of the jurisdiction, as...