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Civil and Criminal codes of practice of Kentucky online

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issuing of process for production of evidence 445 136



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I78 INDEX TO CRIMINAL CODE.



CLERK OF COURT OF APPEALS— (Continued.) sec tum.

issuing of summons on information against clerk 444 135

CLERKS OF CIRCUIT COURTS—

bail, taking of by 68 17

not to be taken as 80 21

delivery of papers by to inferior courts 15 5

drawing of jury by 191, 192 60, 61

issuing of subpoena by for grand jury 105 31

in trial court 150 49

taking of appeal bonds by 349, 364 115, 118

CLERK OF CITY OR POLICE COURT—

issuing by of subpoenas 315 106

summons upon informations 310 105

provisions as to, apply to judge acting as clerk 320 106

CLERK OF SENATE—

issuing by of summons on impeachment 434 133

process for production of evidence 435 134

CLERKS OF COURTS, GENERALLY—

removal of by Court of Appeals 13, 442 4, 135

causes for removal of 443 135

COMMITMENT—

for failure to give bond to keep the peace, or for good behavior. . . .384, 387 123, 124

Form of order 156

order of, must fix amount of bail, if offence bailable 67 16

be delivered to jailer by peace-officer 67 16

Form of order of commitment for trial, 145

COMMITTEE to prosecute impeachment 433 133

COMMONWEALTH—

appealed by does not suspend proceedings 335 109

how taken in felony-cases 337 no

misdemeanor-cases 350 116

not allowed to circuit court 363 118

challenges to jurors to be first made by 215 64

peremptory, number of allowed to 204 63

introduction of evidence by 221, 224 66, 77

CONCEALING BIRTH OF BASTARD CHILD, indictment for, note 13. 39
CONFESSIONS—

instructions concerning, note 5 82

out of court require corroboration 240 88

CONSTABLE—

is a peace-officer, and may execute warrants of arrest 26 7

CONSTRUCTION of words used in indictments 137 46

CONTEMPTS OF COURT punishable without indictments, note [a) 3

CONTINUANCE—*

by examining court not to exceed two days at a time 54 14

for defendant's appearance not to exceed ten days 59 16

in circuit courts: see Trial by Jury.

in city or police courts .316 106

of trial of information against clerk 446 136

CONVICTION—

errors for which judgment of may be reversed 340 no



judgment of, on two or more convictions 288



101



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INDEX TO CRIMINAL CODE. 1 79



CONVICTION— (Continued.) sbc. pack.

not warranted by confession out of court, unless corroborated 240 88

testimony of accomplice, unless corroborated 241 88

instruction required as to corroboration 242 89

sec Bar of Further Prosecution and Degrees of Offences.

CORONER is a peace officer 26 7

taking of bail by 84 22

CONSPIRACY TO DEFRAUD—

indictment for, note 14 39

COSTS—

in misdemeanor-cases , 291 101

of appeal to circuit court 366, 367 1 19

bond for must be given by appellant 364 1 18

Court of Appeals 361 117

trials of impeachments 440,44 134

informations against clerks 447, 448 136

writs of habeas corpus .420 131

COUNTY, jurisdiction of as to-
kidnapping, &c, committed in it and another county 23 6

importing property into it and another county 22 6

offences committed on river bounding it 20 6

partly in it and partly elsewhere 21 6

prosecutions for newspaper libels 21 6

trial to be where defendant is first arrested or indicted 24 6

COUNTERFEIT BANK NOTES, Etc.—

indictment for passing, etc., note 16, page 39; and note 42, page 42;

evidence concerning, note 4 76

COUNTY ATTORNEY—

notice to, by examining court, in felony-cases 51 14

prosecution by of writ of habeas corpus against religious or other associa-
tion, if required 424 132

COUNTY JUDGE—

criminal jurisdiction of, the same as that of justices 13 4

examination by of homicide, Act of 1886 18

offences generally 49 13

is a magistrate, and may issue warrant of arrest 26 7

issuing of writ of habeas corpus by 399 127

trial of by 416 130

taking of bail by, after commitment 68 17

trial by of persons in jail, charged with misdemeanors, Act of 1893 8

COURTS—

1. Court of Appeals—
appeals to : see Appeals to Court of Appeals,

jurisdiction of as to felonies 334 109

misdemeanors 347 1 14

removal of clerks (see Removal, etc.) 442 135

extends over whole State 17 5

2 Circuit Courts—

admonition of to jury at each adjournment 246 90

advice to grand jury by 109 31

bail, taking of by, during term . 68 17

bench-warrant, ordering of by 140, 141 47



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l80 INDEX TO CRIMINAL CODE.



COURTS— (Continued.)

2. Circuit Courts — (Continued.) s*c. *ag»,
bench-warrant, ordering of by on any indictment. 149 48

indorsement on, as to bail 141 47

jurisdiction of, appellate 362, 363 1 18

original 13, 18 4, 5

of offences having different degrees 14 5

of importing property into State ... 22 6

kidnapping 23 6

libel in newspaper 21 6

on river between two counties 20 6

partly committed in different coun-
ties 21, 24 6

of writs of prohibition 25 7

open for steps in case, during deliberation of jury 253 91

plea of guilty, allowing withdrawal of. 174 55

process on indictment, ordering of by 141 47

•questions of law to be decided by 235 87

removal by, of cases to inferior courts 15, 16 5

security to keep the peace, requiring of by 385 113

bond (or, taken by magistrate, returnable to 386 124

trial of challenges to jurors by 212 64

writ of habeas corpus, issuing of by judge of 399 127

3. City and Police Courts —

arrest, warrant of may be issued by judge of 312 105

bail, taking of by 309 105

continuances may be granted by 316 106

grand jury, impanneling in 307 105

indictment in, when not necessary 306 104

insane, drunken persons, etc., when to be taken before 396 125

habeas corpus, issuing of writ by 399 W]

trial of by 416 130

judge of is a magistrate 26 7

jurisdiction of 13 4

cases within may be transferred to by circuit court 15 5

local 19 6

offences exclusively within, not indictable 9 2

may be prosecuted by sum-
mons or warrant 10 3

Louisville city court, laws as to not changed by Code 322 106

pleadings may be oral, unless indictment necessary 318 106

police courts defined 321 106

provisions as to clerks apply to judge acting as clerk 320 106

of Title VI, so far as applicable, apply to 317 106

security to keep the peace, etc., requiring of. .385 123

subpoenas by clerk of 315 106

summons, issuing by clerk of 310 10$

nature of 311 105

how executed 314 106

terms of may be fixed by judge 308 105

trial in, how to be made ' 319 106

when prosecutions stand for 313 10$



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INDEX TO CRIMINAL CODE. l8l



COURTS— (Continued.) wsc. fagb.
4^ County Courts: see County Judges.

5. Examining Courts : see Examiners' Courts.

6. Justice's Court —

bail, taking of by 324, 325 107

continuances, granting of by 323 107

jurisdiction of. 10,13,18 3, 4, 5

when exclusive, offence not indictable 9 2

jury in, may be demanded, when 331 108

how summoned 332 108

pleadings in may be oral 330 108

prosecutions in, to be by summons, warrant, or penal action 10, 1 1 3

provisions of Title VI, apply to 333 108

security to keep the peace, &c, bail or bond for, requiring of 325 107

subpoenas, issuing of by 329 108

summons or warrant of arrest, issuing of by, on knowledge or infor-
mation 326 107

, nature and form of 328 107

power to issue warrant, limitation of 327 107

7. Senate of Kentucky —

jurisdiction of impeachments 13, 17 4. 5

proceedings in 434» 439 *33» *34

CRIMINAL CODE—

regulated all proceedings after January 1st, 1877 1 1

does not affect proceedings commenced prior to January 1st, 1877.... 2 I

repeals all laws within its purview 3 I

COUNTERFEITING COIN, Form of indictment for 148

CUTTING DOWN CORNER TREE, Form of indictment for 148

DAMAGES, on affirmance of misdemeanor case, by Court of Appeals 356 1 16

DEATH—

appeal or reversal not allowed after death of defendant 342 1 13

judgment of, day of execution to be fixed by 290 101

copy of authorizes execution 293 102

how and when to be executed 294 102

Form of judgment 158

suspension of execution by appellate clerk 336 109

the Governor 295 102

sheriff 296 102

DEATH ENSUING SURGICAL OPERATION—

instructions concerning, note 6 82

DEATH-WARRANT—

issuing of by Governor, if sentence not executed at time fixed 297 103

on affirmance of judgment 346 114

DEFACING BRANDS OF LOGS, Etc.—

indictment for, note 17 39

DEFENDANT—

appeals by : see Appeals to Court of Appeals ; Appeals to Circuit Court.

arraignment of, when necessary 1 55 51

cause against judgment, showing of. 287 100

information to, of indictment, verdict, etc 286 100

bail, giving of by, etc.: see Bail.

deposit in lieu of; see Deposit, &c.



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l82 INDEX TO CRIMINAL CODE.

DEFENDANT— (Continued.) «c mo.

challenges, peremptory, allowed to 203 63

commitment of 55. 66 14, 16

on indictment, though on bail, for offence not bailable .. 145 4$

order of 67 16

custody of during trial for felony 229 S6

degree of offence of : see Degrees, etc.

detention of, after arrest of judgment, for further proceedings 279 98

discharge of, if grand jury dismiss charge 115 32

fail to indict at next term 117 32

indictment be set aside, unless next grand jury indict. . . 160 52

offence not proven 65 16

error in name of, in indictment, may be corrected 125 43

evidence, when to be introduced by 223 67

habeas corpus, service of if defendant conceal himself - 407 u&

notice to defendant of officer to whom returned 417 130

joint defendants are competent witnesses for each other, unless conspira-
tors 234 87

challenge by one is challenge by all 19S 62

in felony cases, entitled to separate trials .237 87

jury may return verdict as to all or any 266 95

jury, demand of in city or police court 319 106

justices' court 331 10&

pleadings by, when necessary 157, 161, 171 51, 52, $4

of guilty must be in person 173 5$

which are allowed 162 51

polling of jury by 267 95

presence of defendant, during trial for felony 183 57

misdemeanor 184 58

necessary, on rendering judgment for felony. . . .285 100

reasonable doubt entitles to acquittal 238 $7

recognizance of witnesses for 69 17

sanity of, trial of pending proceedings against, etc 156 51

DEGREES OF OFFENCE, what are 263 9*

conviction may be of any degree, not higher than that charged 262 93

offence charged, though higher degree proved 265 95

or acquittal bars further prosecution of any degree 177 56

indictment gives jurisdiction of all degrees 14 5

proceedings, if higher degree of offence proved than that charged 232 8*

reasonable doubt as to degree, existing, conviction should be of the lower . 239 88
DEMURRER—

allowed 162 $*

grounds for 165 S 2

joinder in not necessary 179 57

may be oral, but must be entered on record 163 $*

Form of entry of prescribed in Code 164 5*

in case of misjoinder, dismissal as to one offence 168 55

proceedings, if demurrer sustained for want of jurisdiction 166 53

want of jurisdiction appear on trial 167 53

demurrer is overruled 171 5*

when judgment for defendant, on demurrer, is final 169 53

such judgment is not final 170, 178 54, 5*



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INDEX TO CRIMINAL CODE. 1 83



DEPOSIT OF MONEY IN LIEU OF BAIL— sbc. face.

1. During adjournment of examination by examining court —

amount to be fixed by magistrate 55, 60 14, 16

deposit of with peace-officer, unless a policeman .-55 14

entry of on examiner's minutes 56 15

Form of entry 143

return of to defendant or payment of to trustee of jury-fund 56 15

2. Generally —

amount must equal sum specified in admission to bail 89 24

application of to fine and cost 92 25

crediting of to jury-fund 97 26

deposit of with trustee of jury-fund 89 24

trustee's certificate of 89 24

Form of. 143

responsibility for 91 25

discharges bail if any 90 25

forfeiture of 93 25

Form of entry of 143

discharge of by court 96 26

re-arrest of defendant after deposit 99 28

return of to defendant on his surrender 88 24

dismissal of, or discharge from, charge. 1 15, 117 32
notice to Commonwealth's attorney of appli-
cation for 88 24

Form of notice 143

DEPOSITIONS —

taking and use of by defendants 153 49

DESTROYING, INJURY, Etc., OF PROPERTY—

indictment for, note 19 39

DESTROYING WILL. Form of indictment for 148

DETAINING A WOMAN AGAINST HER WILL—

indictment for, note 18, page 39; instructions concerning, note 7 82

Form of indictment 148

DIAGRAM, use of by witness 76

DISMISSAL OF INDICTMENT—

as to one offence, in cases of misjoinder 168 $3

by court, on demurrer, bars further prosecution, when 169 53

by prosecuting attorney 243 89

DISORDERLY HOUSE—

indictment for keeping, note 20 39

Form of indictment 152

DISORDERLY PERSONS: see Arrest of Persons.
DOCKETS—

making of for circuit courts 186 58

when cases on stand for trial 187 ' 58

DOCUMENTS: see Written Instruments.
DRUNKENNESS—

evidence concerning, note XIX-6, page 76; instructions, note 8 82

DRUNKEN PERSONS: see Arrest of Persons.
DUELLING—

indictment for, note 21, page 39; evidence concerning, note 2 76

ELECTION FRAUDS, indictment for, note 22 39

67



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184 INDEX TO CRIMINAL CODE.

EMBEZZLEMENT— *bc nut

description of money, &c , in indictment for. 135 46

larceny may be joined with, in indictment 127 44

indictment for, note 23 39

Form of indictment .,.,,„,.....„» . 148

ESCAPE OF PRISONER—

indictment for, note 24, page 39 ; evidence concerning, note 7 77

EVIDENCE: (see Witness.)

as to handwriting. Act 1886 66

attendance of witnesses, how secured 151 49

compensation to Commonwealth's witness, if non-resident 151 49

confession out of court not sufficient, unless corroborated 240 88

depositions for defendant, taking and use of 153 49

hearing of by jury after retiring 249 gt

minutes of examining court do not constitute 64 16

production of papers, &c., may be compelled .• 152 49

to be taken by jury upon retiring 248 91

testimony of defendants for themselves. Act, 1886 67

each other, section 234, page 87; Act of

1894, page 67 ; and note 1 68

accomplice not sufficient, unless corroborated 241, 242 88, 89

time of introducing by Commonwealth , „ 221 66

defendant 223 67

rebutting evidence 224 77

view of place by jury 236 87

which grand-jury shall receive 107 31

see notes 68, 77

EXAMINERS' COURTS—

magistrates who may constitute court 49, 71 13, 18

Act of 1886 18

adjournment during two days allowed 54 14

charge must be stated to defendant, with opportunity to procure counsel 51 14

notice of, if of felony, to county attorney 51 14

examination, when to be made 48, 50 12, 13

adjournment of 54 14

disposition of defendant during 55 14

discharge of defendant, if no offence proved 65 16

holding for trial, or commitment, or discharge on bail, as

to offence charged 66 16

trial for offence not charged . . . « 66 16

exclusion of persons under sixteen, when examining charge of rape, &c,

Act of 1892 13

spectators, on defendant's request 63 16

Form of minutes of 144

habeas corpus, before whom returnable, if bail refused by 426 132

minutes of examination, &c, delivery of to clerk 70 17

order of commitment, requisites of 67 16

Form </. 144

retirement of magistrate, on objection 52 14

proceedings thereupon 53 14

taking of bail by : see Bail.

time for defendant's appearance not to be extended beyond ten days.. 59 16



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INDEX TO CRIMINAL CODE. 1&$

EXAMINING COURTS— (Continued.) »c. •*«■•

witnesses, subpoenas for, &c * 61 16

recognizing of to appear on trial 69 17

separation of, during examination 62 16

statement of testimony, name, and residence of, in minutes. . . 64 16

does not constitute evidence 64 16

EXCEPTIONS : see Bills of exception.
EXECUTION—

authorized by certified copy of judgment, except for money 293, 303 102, 103

of death-sentence, day of to be fixed in judgment 290 101

how and when to be made 294 102

Governor to issue warrant for, when 297, 346 103, 1 14

suspension of by appellate clerk 336 109

the Governor 295 102

sheriff 296 108

judgment of imprisonment, how to

be made 298 103

on judgment against bail 302 103

for abatement of nuisance, &c 303 103

fine 301 103

Forms of 161, 162

period of confinement for 304 103

replevy of 305 104

return of by sheriff 300, 303 103

suspension of, in misdemeanor-cases, on appeal to Court of Appeals . . . .349 115

circuit court.... 364, 365 118

EXEMPTION FROM SERVICE as juror not a ground for challenge 211 64

EXTORTION BY PUBLIC OFFICER—

indictment for & note 25 39

Form of indictment , 152

EXTRADITED CRIMINALS : see foot-note 33

FACTS judicially noticed need not be alleged 130 4$

FALSE PERSONATION. Form of indictment for 149

FALSE PRETENCES—

indictment for obtaining money, &c, by, note 27 39

evidence concerning, note 20 77

Form of indictment 150

FALSE SWEARING. Form oj indictment for 149

FEE—

to be taxed for attorney, if Commonwealth succeed in misdemeanor case . . 3^4 1 16

same on appeal to circuit court 367 1 19

of witnesses in impeachment cases 437 134

FELONY defined 6 2

appeals from judgments in : see Appeals y I.

disposition of defendant during examining trial 55 14

joint defendants in, entitled to separate trials 237 87

presence of during trial of indictment 183, 229 57, 86

judgment against defendant, when to be pronounced 283 100

defendant must be present when rendered 285 100

FINE—

judgment may direct imprisonment for 289 101

Form of judgment 158



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1 86 INDEX TO CRIMINAL CODE.



FINE — (Continued.) sec fag*.

judgment may direct imprisonment, period of confinement for 504 103

replevy of 305 104

offences punishable by fine only may be prosecnted by penal action 11 3

FOREIGN CORPORATION, proving existence of, note 9 77

FOREMAN—

cf grand jury may administer oath to witness 106 31

to sign indorsement on indictment 1 19 33

FORFEITURE: see Bat'/.
FORGERY—

misdescription in indictment, of writing withheld, &c, is immaterial. . . . 133 45

FORGERY OR UTTERING FORGED WRITING—

indictments for, note 26, page 39 ; evidence, note 10 77

Form of indictment ; 149

FORMER ACQUITTAL OR CONVICTION: see Bar, &c.
FORMS-
APPEAL —

forms in appeal to Court of Appeals

in appeal to circuit court

Attachment, for witness

Bail—

bail-bonds

recognizance of

examination of on oath

indorsement on warrant as to bail

deposit in lieu of bail

summons on forfeited bail-bond

Bench-warrant —

Form of.

indorsement on, as to bail

order for ,

Bonds —

bail-bonds ;

to keep the peace, or for good behavior

supersedeas-bond, on appeal to Court of Appeals

appeal-bond, to circuit court

supersedeas-bond, on appeal to circuit court

bond on application for writ of habeas corpus

Capias pro fine — Forms of.

Certificate —

of deposit given by trustee of jury-fund

appeal in felony

to circuit court

Commitment —

order of, by examining court

for failure to give peace-bond

Deposit in lieu of bail, forms concerning

Demurrer, entry of, on record

Examining court, forms for proceedings in

Execution for fine

Forfeiture, entry in minutes of examining court of forfeiture on de-
posit in lieu of bail 143



»59»


160


160, 161




140


141,


141




14*




14*


138.W




143




137




U9




139




156


141


,14a




155




159




160




160




163


161


163




143




»59




161


144, MS




156




143




154


144, US


161


, 162



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INDEX TO CRIMINAL CODE. 1 87

FORMS— (Continued.) sec. paob.

Habeas corpus, forms under writ of 162, 163

Indictment, forms of 145-154

Indorsement —

on warrant as to bail 138, 139

by bail to secure arrest of defendant 155

changing time for return to writ of habeas corpus 162

Judgment, forms of, &c 158

Minutes of examining court, form of 144

Notice —

to attorney for the Commonwealth, of motion for return of deposit in

lieu of bail 143

of change of time for return to writ of habeas corpus 1 62

Orders of court —

for bench-warrant 156

summons on indictment 156

on ascertaining defendant's true name 157

setting aside indictment, and re-submitting case to grand jury 1 57

if offence committed out of jurisdiction of court 157

committed out of State 157

judgments on conviction 1 58

orders noting prayer for appeal 159

Pleadings by defendant, forms for, &c 154

Recognizance —

of witnesses in examining court 140

bail 142

Security to keep the peace, or for good behavior, forms for 155

Subpcena, forms of. 139, 140

Summons, forms of. 137

Supersedeas —

bond on appeal to Court of Appeals 159

supersedeas, on appeal to Court of Appeals 160

on appeal to circuit court 161

Surrender of defendant —

indorsement by bail, to secure arrest of defendant 155

acknowledgment of surrender, given by jailer 155

Warrant of arrest, forms of. 138, 139

indorsement on, as to bail *. . . . 138

GAMING, indictments concerning, note 29, page 40; evidence, note 1 1 . . . . 77

GOOD BEHAVIOR : see Security.

GOVERNOR—

sending by, of military aid to execute process 374 120

suspension by, of death-sentence 295 102

issuing of death-warrant by, if sentence not executed on day fixed in

judgment 297 103

upon affirmance of judgment of death 346 114

GRAND JURY—

access of to persons and records 103 30

advice of court and Commonwealth's attorney may be asked by 109 31

concurrence of nine necessary to indict 1 19 33

dismissal of charge by, how to be indicated 115 3a

duty of grand jurors to disclose offences 104 30



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1 88 INDEX TO CRIMINAL CODE.

GRAND JURY— (Continued.) sac pace.

empanneling of in city and police court 307 105

evidence before, disclosure of to Commonwealth's attorney. 113 32

when court may require 1 13 32

for defendant need not be received 107 31

none but legal to be received 107 31

foreman of may administer oaths to witnesses 106 31

indorsement of true bill to be signed by 1 19 33

presentation of indictment to court must be made by 121 34

formation of 101 30

error in, is ground for setting aside an indictment 158 51

indictment, when to be found by in 31

investigation and indictment by 102 30

locality of offence within jurisdiction of inferior court may be required of. 16 5

not responsible for acts, &c, except perjury 114 32

papers, &c, to be laid before 115 32

presence of persons with no, 1 58 31, 51

re-submission of charge, if £rand jury fail to indict 116 32

indictment be set aside 159 52

Form of order 157

upon sustaining demurrer to indictment 170 54

discharge of defendant upon subsequent failure to

indict 117, 160 32, 52

secrecy of proceedings of 112 31

witnesses before, competency of: see Evidence.

subpoenas for ■ 105 31

swearing of by foreman 106 31

interrogation of by Commonwealth's attorney 109 31

testimony of, how compelled 108 31

GRAND LARCENY : see Larceny.

Form of indictment for 145

GUILTY—

plea of can only be entered by defendant in open court 173 5$

may be withdrawn before judgment, with leave , 174 55

HABEAS CORPUS : see Writ of Habeas Corpus.
HAVING COUNTERFEIT MONEY IN POSSESSION

and passing may be joined in same indictment 127 44

HANDWRITING, evidence as to genuineness of, Act of 1886 66

HOMICIDE, examining court upon charge of, Act of 1886 18

in self-defence, instructions concerning, note 9 %i

defence of dwelling, stranger, etc., notes 10 to 17 84

HOUSE-BREAKING, indictment for, note 30 40

IMPEACHMENT, provisions concerning 430-441 133-134

Senate has jurisdiction of 13 4

IMPORTING PROPERTY—

may be prosecuted in any county into which it is imported 22 6-

to be tried where defendant first arrested or indicted 24 6

IDENTITY OF ACCUSED, evidence concerning, note 13 77

IMPRISONMENT—

for fine may be directed 289 101

period of, allowed 304 103

judgment of, how to be executed 298 103



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INDEX TO CRIMINAL CODE. 1 89

IMPRISONMENT— (Continued.) " sac. fag*

Form of judgment 158

unlawful, indictable in any county where it existed 23 6

trial to be where defendant was first indicted or arrested 24 6

INCLUDED OFFENCES—

offences which are included in that charged 264 95

conviction may be of any included offence 262 93

indictment gives jurisdiction of r 14 5



Online Librarystatutes Kentucky. LawsCivil and Criminal codes of practice of Kentucky → online text (page 140 of 142)