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35 Ky. 219

Commonwealth v. Bybee

Court of Appeals of Kentucky

Decided April 25, 1837

Court of Appeals of Kentucky · decided 1837-04-25

<p>No prosecutor is required upon an indictment for a riot.</p> <p>No appeal, or w. e. will lie on a judgment, upon an indictment for a riot.</p>

Decided 1837-04-25

Chief Justice Robertson

¶1delivered the Opinion of the Court.

¶2On an indictment for a Riot, no prosecutor is required by the law of this State; and this Court has no revisory jurisdiction. The Commonwealth vs. Martin et al. 6 J. J. M. 616.

¶3The second count in the indictment, in this case, being for a Riot, no prosecutor, as to that count at least, was necessary ; and therefore the Circuit Judge certainly erred in quashing the indictment on the ground that the residence of the prosecutor, whose name was attached to it, was not designated.

¶4But, for want of jurisdiction, this Court cannot correct the error in the judgment of the Circuit Court.

¶5Wherefore, the writ of error must be dismissed.

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