Turner v. Commonwealth
Court of Appeals of Kentucky
* Cash 13 — APPEAL PROM CLAY CIRCUIT COURT. 1. The rule of this court giving to the appellee the right to a non-suit upon the failure of the appellant to appear upon the calling of the cause cannot be applied to appeals in criminal cases. If the personal appearance of the prisoner is dispensed with in appellate courts, he must be there represented by counsel, and the denial to the prisoner of both personal presence and counsel is a violation of his constitutional rights.
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* Cash 13 — APPEAL PROM CLAY CIRCUIT COURT. 1. The rule of this court giving to the appellee the right to a non-suit upon the failure of the appellant to appear upon the calling of the cause cannot be applied to appeals in criminal cases. If the personal appearance of the prisoner is dispensed with in appellate courts, he must be there represented by counsel, and the denial to the prisoner of both personal presence and counsel is a violation of his constitutional rights. (Const, of U. S., article 6 of Amendments; Const, of Ky., art. 13, sec. 12; Criminal Code, secs. 327-329; 1 Archbold’s…
1Opinion of the Court
JUDGE PRYOR
delivered the opinion oe the court.
James Turner having been indicted for the murder of William Middleton in the Harlan Circuit Court, was tried in the Clay circuit under a change of venue, and. *80upon the hearing, was convicted and sentenced to the penitentiary for life. The trial was had in February, 1875, and the case brought to this court on the 8th of March, 1875, and set for hearing on the 19th of the same month. The case was then passed, to be heard on the 25th of March, and again to be heard on the 3d of April, and finally set for hearing on the first day of the succeeding…
2Cases cited1 opinion
- Bohannon v. CommonwealthCourt of Appeals of Kentucky · 1871
3Cited by9 opinions
- Francis v. SturgillCourt of Appeals of Kentucky · 1915
- Hager v. RobinsonCourt of Appeals of Kentucky · 1913
- Gholson v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1948
- Fugate v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1934
- English v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1926
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