(Download) "Curnutt v. Commonwealth" by Court Of Appeals Of Kentucky # Book PDF Kindle ePub Free
eBook details
- Title: Curnutt v. Commonwealth
- Author : Court Of Appeals Of Kentucky
- Release Date : January 04, 1949
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 53 KB
Description
LATIMER, Justice. Wash Curnutt and his sons, Paris Everett and Hyden Eugene, were jointly indicted for murder. They were jointly tried and each convicted of voluntary manslaughter. The father's punishment was fixed at 14 years confinement and the sons received 10 years each. They appeal urging several grounds for reversal. It is first contended that the infant defendants, who were 15 and 16 respectively, were not proceeded against in the Knox County Juvenile Court and, consequently, the Knox Circuit Court did not acquire jurisdiction. The record does not support appellants in this contention. The infants were brought before the County Judge, after proper notice had been given to both parents of the children, and a hearing conducted by the court, after which an order was entered, which, among other things, contained these words: '* * * the court is of opinion, and so adjudges and orders, that the defendants, Hyden Eugene Curnutt and Paris Everett Curnutt, be committed to the county jail to await the action of the Knox County grand jury at its coming February 1949 term, and that the court waives any further jurisdiction as to the charge against the said infant defendants and refers the charge against them to the action of said grand jury, * * *.' There is no departure here from the procedure as set out in Subsection 2 of KRS 199.080. See Turner v. Commonwealth, 268 Ky. 314, 104 S.W.2d 1087, and Winfree v. Title Insurance & Trust Co., 264 Ky. 488, 94 S.W.2d 995.