Peoples v. Commonwealth
Court of Appeals of Kentucky
Case 76-INDICTMENT APPEAL PROM JBPPERSON CIRCUIT COURT. 1. An indictment charging murder, with specifications showing a different. offense, is insufficient on demurrer. (Gen. Stats., chap. 29, art. 4, sec. 2; Trimble v. Commonwealth, 78 Ky., 176.) 2. One procuring an abortion upon herself is an accomplice in the crime, and no conviction can be had upon her testimony without corroboration.
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Case 76-INDICTMENT APPEAL PROM JBPPERSON CIRCUIT COURT. 1. An indictment charging murder, with specifications showing a different. offense, is insufficient on demurrer. (Gen. Stats., chap. 29, art. 4, sec. 2; Trimble v. Commonwealth, 78 Ky., 176.) 2. One procuring an abortion upon herself is an accomplice in the crime, and no conviction can be had upon her testimony without corroboration. (Civil Code, sec. 240, 241.) 3. That a dying declaration may be competent the declarant must believe that she is in extremis, and when such declaration is reduced to writing, no oral evidence of additional…
1Opinion of the Court
JUDGE HOLT
delivered the opinion oe the court.
The appellant, Mary A. Peoples, complains of her conviction for manslaughter upon the charge of com‘mitting an abortion upon Emma Wendelkin, resulting in her death.
The unfortunate girl was seen near the house of the accused, and when going and returning from that locality in the night time, when, as is claimed, the crime was committed. Unless this circumstance may be said to cast some suspicion upon the appellant as the perpetrator of it, there is nothing pointing to her in the least degree as the guilty offender, save the statements made by the…
2Cases cited4 opinions
- Commonwealth v. BrownMassachusetts Supreme Judicial Court · 1876
- Dunn v. . the PeopleNew York Court of Appeals · 1864
- State v. OwensSupreme Court of Minnesota · 1875
- Mitchell v. CommonwealthCourt of Appeals of Kentucky · 1879
3Cited by39 opinions
- State v. Fong LoonIdaho Supreme Court · 1916
- Commonwealth v. MatthewsCourt of Appeals of Kentucky · 1889
- Allen v. CommonwealthCourt of Appeals of Kentucky · 1916
- Worthington v. StateCourt of Appeals of Maryland · 1901
- Clark v. CommonwealthCourt of Appeals of Kentucky · 1901
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