Public-domain · open source
OpenJurist

57 Ky. 492

Commonwealth v. White

Court of Appeals of Kentucky

Decided December 8, 1857

Court of Appeals of Kentucky · decided 1857-12-08

Case 4. Indictment. APPEAL FROM MARION CIRCUIT. Cabe Stated.

Cited by 1 later decisions — most recently December 1944

1 state decisions

Key passage — most relied on by later courts

““The object of these and all similar provisions is, that the defendant may be informed, with reasonable certainty, of the charge upon which he is to be tried, and that such trial may be a bar to any future prosecution for the same offense.””

quoted by 1 later decision, including Johnson v. Commonwealth

Good law ✅— No negative treatment on recordhow we know

Decided 1857-12-08

View the full empirical analysis of this case →

Judge Duvall

¶1delivered the opinion of the court.

¶2According to the rules laid down in the Criminal Code, an indictment must contain a statement of the acts constituting the offense, with the particular circumstances of the offense charged, where they are necessary to constitute a complete offense. The object of these and all similar provisions is, that the defendant may be informed, with reasonable certainty, of the charge upon which he is to be tried, and that such trial may be a bar to any future prosecution for the same offense.

¶3In this case the charge in the indictment is that the defendant, (who is a free negro,) “did unlawfully sell whisky, and brandy, and other spirituous liquors,” &c. This, we think, is obviously too general, and lacks the ordinary certainty requisite to give to the defendant any available notice whatever of the particular act or acts constituting his offense.

¶4We are of opinion, therefore, that the demurrer was properly sustained, and the judgment is affirmed.

/57/ky/492 · .json · Public domain