Crockett v. Commonwealth
Court of Appeals of Kentucky
Case 57 —INDICTMENT APPEAL FROM ADAIR CIRCUIT COURT. 1. While the witnesses introduced by the Commonwealth on the motion for a change of venue all state that appellant could get a fair trial in Adair county in their opinions, yet they state facts which show that he could not, and the whole evidence taken together shows that he could not. 2. The appellant should have been granted the continuance on account of the absence of his witness, Evans.
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Case 57 —INDICTMENT APPEAL FROM ADAIR CIRCUIT COURT. 1. While the witnesses introduced by the Commonwealth on the motion for a change of venue all state that appellant could get a fair trial in Adair county in their opinions, yet they state facts which show that he could not, and the whole evidence taken together shows that he could not. 2. The appellant should have been granted the continuance on account of the absence of his witness, Evans. The affidavit shows his evidence to be very important, and that he is out of the State, and appellant has had no opportunity to take his deposition.…
1Opinion of the Court
JUDGE DuRELLE
delivered the opinion oe the court:
The appellant, James Crockett was indicted jointly with his brother, John Crockett, Charles Helm and Josiah Salms, for the mnrder of Dan Kidd, it being charged in the indictment that the defendants conspired and confederated together for the purpose of committing said murder, which was effected by James and John Crockett shooting and killing Kidd.
It appears from the evidence that the killing occurred at a picnic near Pellyton, in Adair county, near the Casey county line. There had been some words between John Crockett and the deceased, and,…
2Cases cited1 opinion
- Lewis v. CommonwealthCourt of Appeals of Kentucky · 1892
3Cited by18 opinions
- Cooper v. StateTennessee Supreme Court · 1909
- Tarrence v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1953
- Heck v. CommonwealthCourt of Appeals of Kentucky · 1915
- McHargue v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1929
- Chaney v. CommonwealthCourt of Appeals of Kentucky · 1912
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