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Daniel v. Commonwealth

Court of Appeals of Kentucky
Apr 11, 1958
311 S.W.2d 384 (Ky. Ct. App. 1958)

Summary

In Daniel v. Com., Ky., 311 S.W.2d 384 (1957), it was contended that "* * * the court erred in failing to set aside the swearing of the jury and continue the case upon the ground that he (Daniel) was surprised when a principal witness for the prosecution changed his testimony from that which he had given at a previous trial. Under the circumstances of this case, we find that the court properly refused such action."

Summary of this case from Allee v. Commonwealth

Opinion

February 22, 1957. Rehearing Denied April 11, 1958.

Appeal from the Johnson Circuit Court, W.D. Sparks, J.

Ed H. King, Paintsville, for appellant.

Jo M. Ferguson, Atty. Gen., William F. Simpson, Asst. Atty. Gen., for appellee.


Appellant, Dennis "Hoodley" Daniel, was convicted of selling intoxicating beverages in dry local option territory and was fined $50 and sentenced to 60 days in jail.

He contends that the court erred in failing to set aside the swearing of the jury and continue the case upon the ground that he was surprised when a principal witness for the prosecution changed his testimony from that which he had given at a previous trial. Under the circumstances of this case, we find that the court properly refused such action.

The motion for appeal is overruled and the judgment is affirmed.


Summaries of

Daniel v. Commonwealth

Court of Appeals of Kentucky
Apr 11, 1958
311 S.W.2d 384 (Ky. Ct. App. 1958)

In Daniel v. Com., Ky., 311 S.W.2d 384 (1957), it was contended that "* * * the court erred in failing to set aside the swearing of the jury and continue the case upon the ground that he (Daniel) was surprised when a principal witness for the prosecution changed his testimony from that which he had given at a previous trial. Under the circumstances of this case, we find that the court properly refused such action."

Summary of this case from Allee v. Commonwealth
Case details for

Daniel v. Commonwealth

Case Details

Full title:Dennis "Hoodley" DANIEL, Appellant, v. COMMONWEALTH of Kentucky, Appellee

Court:Court of Appeals of Kentucky

Date published: Apr 11, 1958

Citations

311 S.W.2d 384 (Ky. Ct. App. 1958)

Citing Cases

Allee v. Commonwealth

" In Daniel v. Com., Ky., 311 S.W.2d 384 (1957), it was contended that "* * * the court erred in failing to…