10 Ky. Op. 540

Shelt Chambers v. Commonwealth.

Plea of Former Acquittal.

Evidence of a former acquittal in a criminal case is inadmissible where tbe plea of former acquittal had not been properly entered, the only record of such a plea being “This day came the defendant and entered a plea of not guilty and former acquittal.”

APPEAL FROM MADISON CIRCUIT COURT.

March 10, 1880.

Opinion by

Judge Hines:

The judgment of the court below was reversed upon the supposition that the plea of former acquittal had been properly entered; but *541our attention is called to the fact that'the only record evidence of such a plea is the following order: “This day came the defendant and entered a plea of not guilty and former acquittal.” This is not sufficient, under Sec. 164 of the Criminal Code, to authorize the introduction of evidence to establish the fact of a former acquittal. A plea properly entered and sustained by evidence would entitle appellant, under the 'authority of Commonwealth v. Bright, 78 Ky. 238, to a reversal, but in the absence of a plea the evidence is incompetent and the judgment must be affirmed.

W. B. Smith, for appellant.

Hardin, for appellee.

Chambers v. Commonwealth
10 Ky. Op. 540

Case Details

Name
Chambers v. Commonwealth
Decision Date
Mar 10, 1880
Citations

10 Ky. Op. 540

Jurisdiction
Kentucky

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