Cochran v. Commonwealth

Court of Appeals of Kentucky (pre-1976)

Decided September 29, 1925

Court of Appeals of Kentucky (pre-1976) · decided 1925-09-29

Cited by 6 later decisions — most recently April 1939

6 state decisions

Key passage — most relied on by later courts

““This provision [section 119, Criminal Code] is mandatory, and. the trial court erred in overruling the demurrer to the indictment. * * *””

quoted by 1 later decision, including Dunn v. Commonwealth

Relies on Terrell v. Commonwealth · Oliver v. Commonwealth

Good law ✅— No negative treatment on recordhow we know

Decided 1925-09-29

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¶1 Opinion of the Court by

Chief Justice Clarke

¶2 Reversing.

¶3 The indictment in this case, charging appellant with wife desertion, is endorsed “a true bill,” but this is not signed by the foreman of the grand jury, as is required by section 119 of the Criminal Code.

¶4 This provision is mandatory, and the trial court erred in overruling the demurrer to the indictment, as is conceded by the attorney general. Oliver v. Commonwealth, 95 Ky. 372, 25 S. W. 600; Commonwealth v. L. & N. R. Co., 32 S. W. 136; Lewis v. Commonwealth, 48 S. W. 977; Terrell v. Commonwealth, 194 Ky. 608, 240 S. W. 81.

¶5 Wherefore, the judgment of conviction .is reversed, and the cause remanded for proceedings not inconsistent herewith.