Legal Opinion · Dissent

Brown v. Hoblitzell

Court of Appeals of Kentucky (pre-1976)

Decided December 13, 1957Published

1DissentSims, Judge

I must register my' dissent from the majority opinion because I feel the conviction of the defendant and his confinement in jail were in disregard of standards of procedure that are the very essence of justice. I readily agree that the evidence submitted on the one pseudo trial established guilt of four felonies of voluntary manslaughter. Upon separate trials, held according to due process of law, the evidence would have warranted much severer punishment. As expressed by Judge Cardozo in People v. Moran, 246 N.Y. 100, 158 N.E. 35, 37, “A criminal, however shocking his crime, is not to answer…

2Cases cited14 opinions

  1. Cole v. ArkansasSupreme Court of the United States · 1948
  2. People v. MoranNew York Court of Appeals · 1927
  3. May v. CommonwealthCourt of Appeals of Kentucky · 1913
  4. Ellerbe v. StateMississippi Supreme Court · 1897
  5. Wheeler v. CommonwealthCourt of Appeals of Kentucky · 1905

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