Legal Opinion

Mount v. Commonwealth

Court of Appeals of Kentucky

Decided April 27, 1905PublishedCited by 16 opinions

Case 51. — PROSECUTION AGAINST WILLIS MOUNT FOR MURDER Appeal from McCracken Circuit Court. W. M. Reed, Circuit Judge. Defendant convicted of manslaughter and appeals. 1. The circuit- court erred to the prejudice of the substantial rights of the appellant by overruling the motion for a change of venue.

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Case 51. — PROSECUTION AGAINST WILLIS MOUNT FOR MURDER Appeal from McCracken Circuit Court. W. M. Reed, Circuit Judge. Defendant convicted of manslaughter and appeals. 1. The circuit- court erred to the prejudice of the substantial rights of the appellant by overruling the motion for a change of venue. (a) This court has heretofore decided that it would not dis>turb or reverse the judgment of the circuit court unless it had appeared that there had been an abuse of discretion, or where the evidence at the trial of the motion had been conflicting. 1 insist that an inspection of the evidence…

1Opinion of the Court

*403Opinion by

Judge Settle

Reversing.

The appellant, Willis Mount, shot and killed Willis Nutty in the city of Paducah, He was indicted by the grand jury for murder, and in the trial which followed the jury failed to agree upon a verdict. But upon a second trial the jury found him guilty of voluntary manslaughter, and fixed his punishment at confinement in the penitentiary for twenty-one years. A new trial was refused him by the lower court, and the case is now before us for review.

The salient facts of the homicide, as shown by the bill of evidence, were as follows: On the night of December…

2Cases cited5 opinions

  1. Baker v. CommonwealthCourt of Appeals of Kentucky · 1899
  2. Dilger v. CommonwealthCourt of Appeals of Kentucky · 1889
  3. Curtis v. CommonwealthCourt of Appeals of Kentucky · 1901
  4. Howard v. CommonwealthCourt of Appeals of Kentucky · 1904
  5. Salisbury v. CommonwealthCourt of Appeals of Kentucky · 1881

3Cited by16 opinions

  1. Goff v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1931
  2. Foure v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1926
  3. Howard v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1928
  4. King v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1934
  5. Fish v. BentonCourt of Appeals of Kentucky · 1910

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