Thompson v. Commonwealth

• Decision Date: 12 April 1894
• Citation: 25 S.W. 1059
• Parties: THOMPSON v. COMMONWEALTH.
• Court: Kentucky Court of Appeals

25 S.W. 1059

THOMPSON v. COMMONWEALTH.

Court of Appeals of Kentucky.

April 12, 1894

Appeal from circuit court, Laurel county.

"Not to be officially reported."

Jane Thompson was convicted of arson, and appeals. Affirmed.

Ewell & Eversole, for appellant.

W. J. Hendrick, for appellee.

PRYOR, J.

The appellant was indicted in the Laurel circuit court for burning the barn of one of her neighbors. She has been tried and convicted. The testimony authorized the finding by the jury, and no error is found in the record, to her prejudice. In fact, there is no question in the record, except the defense of former jeopardy, alluded to by counsel in his oral argument. Nor is the plea of former jeopardy sustained, because there never was a trial, or discharge of the jury after the defendant had been placed on trial, that constituted such a defense. There was a mistrial, the jury failing to agree, and after this a new indictment was returned, at the instance of the attorney for the state, either because the former indictment was lost, or for the reason that the name of the owner of the property destroyed was erroneously stated. This did not amount to former jeopardy, and the court properly refused to instruct in regard to it. Cr. Code, §§ 124, 129; White v. Com., 9 Bush, 178. Judgment affirmed.