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ISO FORMS UNDER CRIMINAL CODE — INDICTMENTS.



(a) In an indictment for forgery, a statement of facts showing the commission of it
is necessary, and all that is necessary; an averment, in the language of the statute, that
the accused "forged 1 ' the writing, being merely an averment of a legal conclusion, and
immaterial. 12 Bush, 342; 13 Id., 267. For references to several other cases holding
that the use of statutory language in an indictment for a statutory offence is insufficient,
see note (4), ante, p. 36.

(b) As to this Form, see 90 Ky., 262.

(2) Issuing a False Certificate of Witness* Attendance,

[Adopt Form I, p. 145, prior to the asterisk, and add] forgery, committed as follows, viz.:

The said , on the ... . day of , , in the county aforesaid, being

a deputy clerk of the Franklin circuit court, and knowing that A. B., the person named
in the certificate hereinafter mentioned, had not attended said court as a witness, falsely
and with intent to defraud the Commonwealth of Kentucky, made and signed in the name
of the clerk of said court a certificate of which the following is a copy : [copy the certificate],
against the peace and dignity of the Commonwealth of Kentucky.

See 92 Ky., 630. And as to the issuing of a false certificate of survey by a county sur-
veyor, see 89 Ky., 157.

(3) Uttering a Forged Writing. #
[Adopt Form I, p. 14$, prior to the asterisk, and add] uttering and publishing a forged

writing, committed as follows, viz.: The said , on the .... day of ,

, in the county aforesaid, delivered to A. B. a forged and counterfeited order, dated

the .... day of , , which purported to have been signed by C. D., and

directed said A. B. to pay the bearer fifty dollars, which said A. B. paid to said

, who, knowing that said order was forged and counterfeited, falsely, and with the

intent to defraud said A. B., represented it to him as the true and genuine order of C. D.,
against the peace and dignity of the Commonwealth of Kentucky.

It is not necessary for the indictment to state facts showing that the writing was
forged ; but it must aver that the accused had knowledge that it was forged, and most
state facts showing that he "uttered and published" it, an averment that he did so,
though such are the statutory words, being insufficient. 13 Bush, 267 ; 90 Ky., 488.

II. Maim.
[Adopt Form I, p. 145, prior to the asterisk, and add] maim, committed as follows, viz.:

The said , on the .... day of , , in the county aforesaid, did

unlawfully bite off the ear of , against the peace and dignity of the Com-
monwealth of Kentucky.

12. Obtaining Money, &V., by False Pretences.
[Adopt Form I, p. 145, prior to the asterisk, and add] obtaining money [or — property] by

false pretences, committed as follows, viz.: The said , on the .... day of

, , in the county aforesaid, by falsely pretending and representing to A. B.

that he, , was a banker in the city of Lexington, and possessed of large

pecuniary means, obtained from said A. B {a) dollars [or— a horse worth (jj

dollars] with intent to commit a fraud upon him, against the peace and dignity of the
Commonwealth of Kentucky.

(a) The obtaining of money or property by false pretences is a felony, without refer-
ence to the amount or value. 86 Ky., 1.

13. Possession of Counterfeit Money.
[Adopt Form I, p. 145, prior to the asterisk, and add] having in his possession counterfeit
money, committed as follows, viz.: The said , on the .... day of ,



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FORMS UNDER CRIMINAL CODE INDICTMENTS. 151



. ...... had in his possession ...... counterfeit silver dollars, knowing the same to be

Forged and counterfeited, with the intention of circulating the same (a), against the peace
and dignity of the Commonwealth of Kentucky.

(a) It is not necessary to aver an intention to circulate the money in Kentucky. 16
^. M., 206.

14. Striking^ (5rV., with Intent to Kill, without Killing.
[Adopt Form I, p. 145, prior to the asterisk, and add] malicious shooting with intent to

lcill, committed as follows, viz.: The said on the .... day of , ,

in the county aforesaid, with a pistol, feloniously and maliciously shot and wounded
A. B., with the intent then and there to kill and murder him, against the peace and
dignity of the Commonwealth of Kentucky.

See G. S., ch. 29, art. 6, § 2; and 3 Met., 13, in which an indictment, substantially the
same as the foregoing Form, was held to be sufficient, though it failed to conform to the
statute that created the offence, I, by using the words "feloniously and maliciously,"
instead of the words «' willfully and maliciously;" 2, by failing to aver that the pistol was
•* loaded with a leaden bullet or other substance;" and, 3, by failing to aver that A. B.
was so wounded that he "died not thereby:" and see note (2), ante, p. 36, for references
to several similar decisions.

15. Willful Striking, <5rV., not Intending but Causing Death.
[Adopt Form I, p. 145, prior to the asterisk, and add] willful shooting [or — striking], not

intending but causing death, committed as follows, viz.: The said , on the

.... day of , , in the county aforesaid, not in self-defence, nor in an attempt

to keep and preserve the peace, nor in a lawful arrest or attempt to arrest a person charged
-with felony or misdemeanor, nor in doing any other legal act, nor designing to produce
or cause the death of A. B., willfully struck him with a croquet mallet [or — shot him with
a pistol], so that he died thereof within six months thereafter, against the peace and dig-
nity of the Commonwealth of Kentucky.

See 13 Bush, 714, and note (3), ante, p. 36.

III. INDICTMENTS FOR COMMON LAW MISDEMEANORS.

I. Assault.
The Commonwealth of Kentucky \ Franklin Circuit Court.

against [»

The grand jury of Franklin county, in the name and by the authority of the Common-
wealth of Kentucky, accuse of the offence of * assault, committed as fol-
lows, viz.: The said ., on the .... day of , , in the county afore-
said, with malice aforethought and feloniously, attempted to kill and murder A. B. by
snapping a loaded pistol at him [three times], against the peace and dignity of the Com-
monwealth of Kentucky.

See Usher v. Com., 2 Duv., 394.

2. Assault and Battery.
[Adopt the last foregoing Form prior to the asterisk, and add] assault and battery, com-
mitted as follows, viz.: The said , on the .... day of , in the

county aforesaid, maliciously assaulted and beat (a) [or — with a pair of blacksmith's tongs,
in sudden heat and passion, struck and wounded (6)] A. B., against the peace and dignity
of the Commonwealth of Kentucky.

(a) As to the mode and extent of punishing for this offence, see Cornelison v. Com.,
84 Ky., 583.

(o) See 1 1 Bush, 603.

65



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152 FORMS UNDER CRIMINAL CODE — INDICTMENTS.



3. Breach of the Peace.

[Adopt Form 1, p. 151, prior to the asterisk, and add] a breach of the peace, committed as

follows, viz.: The said , on the .... day of , , in the county

^foresaid, fought with A. B. in an affray, against the peace and dignity of the Common-
wealth of Kentucky.

See 6 Dana, 295.

4. Disorderly house, (a)

(1) Keeping a pool-room.

[Adopt Form 1, p. 151, prior to the asterisk, and add] keeping a disorderly house, com-
mitted as follows, viz.: The said .-, in the county aforesaid, on the .... day

of , , and on divers other days before the finding of this indictment, in a house

in the town of Frankfort, for gain, habitually sold pools upon horse-races, and habitually
procured idle and evil-disposed persons to come to said house to buy pools and bet on
horse-races, to the common nuisance and disturbance of all good citizens, against the peace
and dignity of the Commonwealth of Kentucky. (b)

[a) According to the opinion in $J. J. M., 136, in an indictment for keeping a disor-
derly house an averment that the accused was the keeper of a disorderly house was form-
erly a sufficient description of the offence ; but, as disorderly houses may be of different
kinds and created in different ways (see 6 B. M., 22, 23), it seems clear that, under § 122
of the Criminal Code, as construed in a number of cases, such an indictment must state
facts showing the commission of the alleged offence.

(b) See Cheek v. Com., 79 Ay., 359.

(2) Leasing a house to be kept as a bawdy-house.

[Adopt Form I, p. 151, prior to the asterisk, and add] abetting the keeping of a disorderly

house, committed as follows, viz.: The said , on the .... day of ,

, in the county aforesaid, leased a house in the town of Frankfort to A. B., who, as

he knew, was a prostitute and intended to use said house as a bawdy-house, as she has
continued to do ever since, against the peace and dignity of the Commonwealth of Ken-
tucky.

See Taylor v. Com., I Duv., 160, and cases cited.

5. Extortion by Public Officer.
[Adopt Form I, p. 151, prior to the asterisk, and add] extortion, committed as follows,

viz.: The said , on the .... day of , , in the county aforesaid,

of which he was the jailer, received five dollars from A. B., which said

charged as his fee for receiving and detaining said A. B. in the jail of said county during
four hours, and wrongfully and corruptly compelled him to pay in order to obtain release
therefrom, against the peace and dignity of the Commonwealth of Kentucky.

See Com. v. Mitchell, 3 Bush, 25.

IV. INDICTMENTS FOR STATUTORY MISDEMEANORS.

I. Abetting Malicious Shooting without Killing.
[Adopt Form 1, p. 151, prior to the asterisk, and add] abetting malicious shooting with-
out killing, committed as follows, viz.: On the .... day of , , in the county

aforesaid, A. B., willfully and maliciously, and with an intention to kill C. D., shot and
wounded him with a pistol loaded with a leaden bullet, so that he did not die thereby;

and the said then and there counseled the said A. B. to shoot and kill the

said C. D., against the peace and dignity of the Commonwealth of Kentucky.

See G. S., ch. 29, art. 6, \ 2, and 84 A>., 229.



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FORMS UNDER CRIMINAL CODE — INDICTMENTS. 1 53

2. Betting on an Election.
[Adopt Form I, p. 151, prior to the asterisk, and add] betting on an election, committed

as follows, viz.: The said , on the .... day of , , in the county

aforesaid, in view of an election which was to take place on the ... . day of , ....'..,

for election at which to the office of , A. B. and C. D. [and others]

were candidates (a), made a bet of dollars (0) with G. H. that said A. B. would

receive more votes than said C. D. at said election (c)

[Or — that said A. B. would not receive votes at said election, (d)

[Or — sold and delivered a horse of the value of two hundred dollars (0) to G. H., upon his

agreement to pay to said said sum (or — dollars) if said A. B. should

t>« elected to the said office of , at said election (*)], against the peace and dignity

of the Commonwealth of Kentucky.

(a) As to the necessity of showing, in the indictment, that the betting related to can-
didates for office at a contemplated or progressing election, see 16 B. M., 325.

(b) Under the statute (G. S., ch. 47, art. 2, §1), the amount of money or the value of
property bet is immaterial, except that the property must be " of value."

(c) See 9 Dana t 31.

(d) See 4 B. it/., 1.

(e) See 16 B. M., 325; 4 Bush, 139.

*

3. Bribery of a Voter.
[Adopt Form I, p. 1 5 1, prior to the asterisk, and add] bribery, committed as follows, viz.:

The said , on the ... . day of , , in the county aforesaid, and

against the peace and dignity of the Commonwealth of Kentucky, bribed A. B. to vote at
the November election in the year with money and property of value of five dol-
lars, and for said bribe he did vote for C. D. for governor of Kentucky.

See 3 Met., 226.

4. Carrying Concealed Weapons.

[Adopt Form I, p. 151, prior to the asterisk, and add] carrying concealed weapons, com-
mitted as follows, viz.: The said , on the .... day of ,......, in the

county aforesaid, unlawfully carried upon his person concealed deadly weapons, to-wit, a
bowie-knife and also a dirk or dagger, against the peace and dignity of the Commonwealth
of Kentucky.

Sec 3 Met., 407.

5. Keeping a Tippling-house.

[Adopt Form I, p. 151, prior to the asterisk, and add] keeping a tippling-house, commit-
ted as follows, viz.: The said . . , in the county aforesaid, on the day of

, , and on divers days since [or — during three months thereafter] kept a tip-

pling-house, against the peace and dignity of the Commonwealth of Kentucky.

See 14 Bush, 44.

6. Petit Larceny.

[Adopt Form I, p. 151, prior to the asterisk, and add] petit larceny, committed as follows,

viz.: The said , on the day of , , in the county aforesaid,

fraudulently took and carried away a hog of less value than four dollars [or — an overcoat

of less value than dollars], the property of A. B., against the peace and dignity of

the Commonwealth of Kentucky.

As to this Form, and as to filling up the as to the value of the overcoat with

ten or twenty dollars, see Form 3, ante, p. 145, and notes thereto.



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154 FORMS UNDER CRIMINAL CODE — PLEADINGS.



7. Receiving or Refusing to Receive a Vote at an Election.

[Adopt Form I, p. 151, prior to the asterisk, and add] receiving [or — refusing to receive]

a vote at an election, committed as follows, viz.: The said , on the day

of , , in the county aforesaid, being a judge at an election then held, and

knowing that A. B. was not a qualified voter, unlawfully received his vote.

[Or — knowing that A. B. was a qualified voter, unlawfully refused to receive his vote],

against the peace and dignity of the Commonwealth of Kentucky.

See 2 Duv., 373.

8. Shooting and Wounding in Sudden Heat and Passion.

[Adopt Form 1, p. 151, prior to the asterisk, and add ~\ shooting and wounding in sudden

heat and passion, committed as follows, viz.: The said , on the .... day of

, , in the county aforesaid, in sudden heat and passion, without previous

malice, and not in self-defence, with a pistol loaded with ball shot and wounded A. B.
without killing him, against the peace and dignity of the Commonwealth of Kentucky.

See G. S. f ch. 29, art. 17, \ 1 ; 2 Met., 1.

9. Shooting with Intent to Kill, without Wounding.
[Adopt Form I, p. 151, prior to the asterisk, and add] shooting with intent to kill, with-
out wounding, committed as follows, viz.: The said , on the .... day of

, , in the county aforesaid, without wounding A. B., unlawfully shot at him

with intent to kill [or — wound] him, against the peace and dignity of the Commonwealth
of Kentucky.

See G. S., ch. 29, art. 17, }2; 16 B. M. f 609.



PLEADINGS OF THE DEFENDANT.

(Section 162.)

Demurrer.

The Commonwealth of Kentucky, Plaintiff, *)

against y

John Smith, Defendant. J

The defendant demurs to the indictment.

Plea.

The Commonwealth of Kentucky, Plaintiff, \

against >

John Smith, Defendant. j

The defendant pleads that he is guilty of the offence charged in the indictment.

OR,

The defendant pleads that he is not guilty of the offence charged in the indictment.

OR,

The defendant pleads that he has been acquitted of the offence charged in the indict-
ment, by the judgment of the Franklin circuit court, rendered on 1st day of March, 1877,
[or by judgment of the Frankfort police court, a court having jurisdiction to try the de-
fendant for said offence, rendered on the 5th day of April, 1877.]



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FORMS UNDER CRIMINAL CODE — PLEADINGS. 1 55

OR,
The defendant pleads that he has been convicted of the offence charged in the indict-
ment, by the judgment of the Franklin circuit court, rendered on the first day of March,
1877 [or by judgment of the Frankfort police court, a court having jurisdiction to try the
defendant for said offence, rendered on the 5th day of April, 1877].

ARREST AND SURRENDER OF DEFENDANT WHO HAS GIVEN BAIL.

Indorsement on Copy of Bail Bond by Surety to Obtain Arrest.

(Section 87.)

Any peace officer of the Commonwealth of Kentucky [or, William Wilson, if the arrest

is to be made by a private person] is directed to arrest John Smith, the person for whose

appearance the within bond was executed, and deliver him to the jailer of Franklin county.

A. B.,
C. D.,
Sureties of John Smith in said bond.

Certificate of Jailer that Defendant has been Surrendered.
(Section 86.)
This is to certify that John Smith, who has given bond for his appearance in the Frank-
lin circuit court, to answer the charge of manslaughter, this day surrendered himself to me
[or, was surrendered by his sureties in said bond], as jailer of Franklin county, in discharge
of said bond. A. B., Jailer of Franklin county.

SECURITY TO KEEP THE PEACE OR FOR GOOD BEHAVIOR.

Bond taken by Court or Magistrate, if Security be Required by a Magistrate.
(Sections 325, 384, 385, and 388.)
John Smith being in custody, and required to give bond, in the sum of five hundred
dollars, for his appearance in the Franklin circuit court on the first day of its next August
term, and to keep the peace [or for his good behavior ; or both] until said appearance ; we,
A. B. and C. D., of Franklin county, hereby undertake that the said John Smith will
appear in the Franklin circuit court on the first day of its next August term, and will not
depart thence without leave of said court ; and that, until said time, he will keep the
peace towards all persons in the Commonwealth of Kentucky, and will not be guilty of
any offence involving a breach of the peace, nor of any felony ; and if he fail to perform
either of these conditions we will pay to the Commonwealth of Kentucky the sum of five
hundred dollars. A. B.,

C. D.
Taken and subscribed before me, as justice of the peace for Franklin county [or, judge
of the Frankfort police court], the 10th day of June, 1877.

Samuel Williams, J. P. F. C. [or, J. F. P. C]

Bond Taken by Court or Magistrate, if security be Required by a Circuit, County, or Police

Court.

(Sections 385, 387*388.)

John Smith being in custody, and required to give bond, in the sum of five hundred

dollars, to keep the peace [or, for his good behavior, or both], for the period of ten months

from the first day of March, 1877: We, A. B. and C. D., of Franklin county, hereby



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I56 FORMS UNDER CRIMINAL CODE ORDERS OF COURT.

undertake that the said John Smith will, during said period, keep the peace towards all
persons in the Commonwealth of Kentucky, and that, during said period, he will not be
guilty of any offence involving a breach of the peace, nor of any felony ; and if he fail to
perform either of these conditions, we will pay to the Commonwealth of Kentucky the
sum of five hundred dollars. A. B.,

CD.
Taken and subscribed before me, as clerk of the Franklin circuit court [or, judge of the
Franklin county court] this 7th day of March, 1877.

P. Swigert, C. F. C. C. [or, J. F. C. C].

Order of Commitment for Failure to Give Bond to Keep the Peace, or for Good Behavior.

(Sections 384, 387.)
The Commonwealth of Kentucky to the Jailer of Franklin County:

You are commanded to receive into the jail of Franklin county John Smith, and him
safely keep, for the period of three months from this day, unless he shall, in the meantime,
give security to the Commonwealth of Kentucky, in the sum of five hundred dollars, for
his appearance in the Franklin circuit court on the first day of its next August term, and
for keeping the peace [or for his good behavior] until said appearance [or for keeping
the peace; or for his good behavior ; or both, for the period of ten months from this day].

Given under my hand, as justice of the peace for Franklin county [or clerk of the
Franklin circuit court], this 5th day of April, 1877.

J, C. Herndon, J. P. F. C. [or, C. F. C. C]



ORDERS OF COURT.

Order for Process on Indictments.

(Section 141.)

Commonwealth of Kentucky, Plaintiff, \

against f

John Smith, Defendant. J

It is ordered that a bench warrant issue for the arrest of the defendant, allowing him to

give bail, in the sum of dollars;

or [if the offence be not bailable],

It is ordered that a bench warrant issue for the arrest and committal to jail of the

defendant ;

or,

It is ordered that a summons issue on the indictment herein.

Order for a Bench Warrant after the Defendant has given Bail.
(Section 99.)

Commonwealth of Kentucky, Plaintiff, 1

against >

John Smith, Defendant. J

It appearing that the defendant has failed to appear, in pursuance of the undertaking of
his bail [or, that the bail taken herein is insufficient, or that the offence for which defend*



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FORMS UNDER CRIMINAL CODE — ORDERS OF COURT. I 57

ant is indicted is not bailable], it is ordered that a bench-warrant issue for the arrest of the
defendant, allowing him to give bail in the sum of dollars [or, that a bench-war-
rant issue for the arrest and committal to jail of the defendant, if the offence be not bailable].

Order upon Ascertaining t/ie Defendant's True Name.

(Section 125.)

Commonwealth of Kentucky, Plaintiff, 1

against \

John Smith, Defendant. J

It appearing to the satisfaction of the court, that the defendant's name is John Jones,
it is ordered that the further proceedings in this case shall be in defendant's true name of
John Jones, indicted by the name of John Smith.

Order Setting Aside an Indictment, and Ordering the Case 'to be Submitted to another Grand

Jury.

(Section 159.)

Commonwealth of Kentucky, Plaintiff, \

against \

John Smith, Defendant. J

The defendant moved the court to set aside the indictment, on the ground that the
grand jury had been illegally summoned and impanneled [or other ground, according 10
the facts], and the court being sufficiently advised, it is ordered that the indictment be set
aside, and the charge against the defendant be submitted to another grand jury, and the
defendant be committed to jail to await the action of such grand jury [or, that the defend-
ant be admitted to give bail in the sum of ... . dollars, for his appearance to answer the
charge].

Order for the Removal of the Defendant to another Court, on its Appearing that the Offence
was Committed within the Jurisdiction of such Court.
(Sections 166, 167, 23

Commonwealth of Kentucky, Plaintiff, \

against \

John Smith, Defendant. J

It appearing to the satisfaction of the court, that the offence charged in the indictment
was committed in Scott county, it is ordered that the jury herein be discharged, and that
the clerk transmit to the clerk of the Scott circuit court a copy of the indictment and of
this order, and also all the original papers of the prosecution, including the bail-bond (if
any), and that the sheriff carry and deliver the defendant, with a copy of this order, to the
jailer of Scott county [or, that the defendant be required to appear in the Scott circuit
court, to answer the charge ( if he have given bail), or that the defendant be allowed to give
bail in the sum of ... . dollars, for his appearance in the Scott circuit court, to answer the
charge].

Order upon its Appearing that the Offence was Committed in another State.
(Section 231.)

Commonwealth of Kentucky, Plaintiff, \

against >

John Smith, Defendant. J

It appearing to the satisfaction of the court, that the offence charged in the indictment
was committed in the State of Tennessee, it is ordered that the jury herein be discharged,
and that the defendant be committed to jail, to await a requisition for him by the Gov-



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I $8 FORMS UNDER CRIMINAL CODE — ORDERS OF COURT.

ernor of Tennessee, and the Commonwealth's attorney is directed to give information
hereof to the Governor of Tennessee ; but if no requisition be made for the defendant
before the first day of November, 1877, he shall be discharged from jail.

Judgment if the Punishment be Death.

(Section 290.)

Commonwealth of Kentucky, Plaintiff, \

against \

John Smith, Defendant. J

The defendant was this day brought into court, and, being informed of the nature of
the indictment, plea, and verdict, was asked if he had any legal cause to show why judg-
ment should not be pronounced against him; and none being shown, it is adjudged by the
court that the defendant be taken to the jail of Franklin county, and there safely kept until
the lotlj day of September, 1877, on which day, between sunrise and sunset, the sheriff of
Franklin county shall hang him by the neck until he is dead.



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