FUGATE v. COMMONWEALTH


233 S.W.2d 1019 (1950)

FUGATE v. COMMONWEALTH.

Court of Appeals of Kentucky.

November 3, 1950.


Attorney(s) appearing for the Case

Napier & Napier, Hazard, for appellant.

A. E. Funk, Atty. Gen., Zeb A. Stewart, Asst. Atty. Gen., for appellee.


STANLEY, Commissioner.

The appeal is by Gordon Fugate from a conviction of voluntary manslaughter with the penalty fixed at twenty years and one day in the penitentiary.

The defendant made a timely and renewed motion to quash the indictment as invalid because of a substantial error in the summoning and formation of the grand jury which returned it. Sec. 158, Criminal Code of Practice. Seven members of the grand jury, whose names were drawn from the jury wheel...

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