Legal Opinion

Pedigo v. Commonwealth

Court of Appeals of Kentucky

Decided January 22, 1898PublishedCited by 61 opinions

Case 5 —INDICTMENT APPEAL PROM BARREN CIRCUIT COURT. 1. Evidence of tracking human beings by dogs is inadmissible. Hodge v. State, 13. South Rep., 385; Simpson v. State, 20 South Rep., 572; Jones on Evidence, sec. 371; Whitaker v. Parker, 42 Iowa, 586. 2. A witness can not be crcssexamined as to collateral or incompetent matter for purposes of impeachment.

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Case 5 —INDICTMENT APPEAL PROM BARREN CIRCUIT COURT. 1. Evidence of tracking human beings by dogs is inadmissible. Hodge v. State, 13. South Rep., 385; Simpson v. State, 20 South Rep., 572; Jones on Evidence, sec. 371; Whitaker v. Parker, 42 Iowa, 586. 2. A witness can not be crcssexamined as to collateral or incompetent matter for purposes of impeachment. Kennedy v. Commonwealth, 14 Bush, 357; Loving v. Commonwealth, 80 Ky., 511. 3. Courts will not speculate as to effect of incompetent evidence. Kennedy v. Commonwealth, 14 Bush, 361; Cappage v. Commonwealth, 3 Bush, 532. (No brief in the…

1Opinion of the Court

JUDGE DuRELUE

delivered the- opinion of the court.

Appellant was indicted jointly with Worth Wilson for burning the stock barn of L. W. Preston, on March 10, 1897, and, having been given a separate trial, was found guilty and sentenced to three years confinement in the penitentiary.

Upon the trial, Preston testified that, at ten minutes of nine in the evening, he discovered the fire coming through)1 the barn from the .southwest corner; and that he thereupon “telegraphed to- Neighbors, at Elizabethtown, and got his bloodhound, that arrived the next day at noon, and carried him to the rear of the…

2Cases cited2 opinions

  1. Kennedy v. CommonwealthCourt of Appeals of Kentucky · 1878
  2. Loving v. CommonwealthCourt of Appeals of Kentucky · 1882

3Cited by61 opinions

  1. People v. CruzIllinois Supreme Court · 1994
  2. People v. PfanschmidtIllinois Supreme Court · 1914
  3. Terrell v. StateCourt of Special Appeals of Maryland · 1968
  4. Parker v. StateCourt of Criminal Appeals of Texas · 1904
  5. Blair v. CommonwealthCourt of Appeals of Kentucky · 1916

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