October 1, 2012

Crate Owens v. Commonwealth, Pulaski, 1880

Crate Owens v. Commonwealth.

COURT OF APPEALS OF KENTUCKY

10 Ky. Op. 659; 1880 Ky. LEXIS 296; 1 Ky. L. Rptr. 124

June 17, 1880, Decided

PRIOR HISTORY:   [**1]  APPEAL FROM PULASKI CIRCUIT COURT.

DISPOSITION: Judgment affirmed.

COUNSEL: Morrow & Newell, for appellant.

P. W. Hardin, for appellee. 

JUDGES: Judge Pryor. 

OPINION BY: Pryor 

OPINION

 [*659]  Opinion by Judge Pryor:

The indictment contains every allegation necessary to constitute the offense. It is alleged that the accused did unlawfully shoot and wound Henry Turner with an intention to kill him.

This was not only a shooting at, but with the intention to kill. The court did not abuse its discretion in refusing to continue the case,  [*660]  and, from the testimony of Turner, if the witness had been present, the verdict should have been the same.

Judgment affirmed.

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