Levering v. Commonwealth
Court of Appeals of Kentucky
Appeal from Jefferson Circuit Court. (Criminal Division). Joseph Pryor, Judge. Defendant convicted and appeals We desire to submit to the court why the judgment should be reversed by the following points: L The court should have given a peremptory instruction at the close of the commonwealth’s testimony. 2. The court erred to' the prejudice of the appellant in the admission of incompetent testimony. 3. The court erred in giving instruction No. 3 on accomplice or accomplices…
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Appeal from Jefferson Circuit Court. (Criminal Division). Joseph Pryor, Judge. Defendant convicted and appeals We desire to submit to the court why the judgment should be reversed by the following points: L The court should have given a peremptory instruction at the close of the commonwealth’s testimony. 2. The court erred to' the prejudice of the appellant in the admission of incompetent testimony. 3. The court erred in giving instruction No. 3 on accomplice or accomplices in not defining what an accomplice is. AUTHORITIES. Sec. 242, Criminal Code; sec. 241, Criminal Code; Miller v.…
1Opinion of the Court
Opinion op the Court by
Judge Carroll
Affirming.
Under an indictment charging him with the murder of his wife, hy administering to her strychnia, a deadly poison, committed in manner and form as follows: viz: “That he did unlawfully, willfully, maliciously, feloniously, and of his malice aforethought mix with other substances, to wit, flour and coal soot, and then and there did place same in capsules, and, the said capsules containing said poison *670as aforesaid, did then and there unlawfully, willfully, maliciously, feloniously, and of his malice aforethought put and place in the room and house of…
2Cases cited13 opinions
- Patterson v. CommonwealthCourt of Appeals of Kentucky · 1887
- Cross v. PeopleIllinois Supreme Court · 1868
- Miller v. CommonwealthCourt of Appeals of Kentucky · 1879
- State v. PhillipsSouth Dakota Supreme Court · 1904
- State v. . HildrethSupreme Court of North Carolina · 1849
8 more not listed; retrieve them via the Exa API.
3Cited by78 opinions
- Monts v. StateTennessee Supreme Court · 1964
- State v. McNairArizona Supreme Court · 1984
- Simmons v. CommonwealthCourt of Appeals of Kentucky · 1924
- Pennington v. StateCourt of Criminal Appeals of Tennessee · 1971
- People v. . SwerskyNew York Court of Appeals · 1916
73 more not listed; retrieve them via the Exa API.