Salisbury v. Commonwealth
Court of Appeals of Kentucky
Case 87 — INDICTMENT APPEAL PROM FLOYD CIRCUIT COURT. 1. The court erred in refusing a continuance. Appellant was confined in jail, and did his utmost to obtain his witnesses. The time given was insufficient. Officers refused to execute the subpoenas, and at the end of the time given he was in no better condition to try. 2. Error was committed in excluding competent testimony. 3. The court erred in its instructions. 1. Appellant had a fair and favorable trial.
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Case 87 — INDICTMENT APPEAL PROM FLOYD CIRCUIT COURT. 1. The court erred in refusing a continuance. Appellant was confined in jail, and did his utmost to obtain his witnesses. The time given was insufficient. Officers refused to execute the subpoenas, and at the end of the time given he was in no better condition to try. 2. Error was committed in excluding competent testimony. 3. The court erred in its instructions. 1. Appellant had a fair and favorable trial. Even if appellant had been an officer with a warrant of arrest in his hand, his act was murder. 2. The instructions are exceedingly…
1Opinion of the Court
JUDGE HARGIS
delivered the opinion of the court.
John Morris was killed in the county of Floyd on the 9th of February, 1881.
Five days thereafter the appellant and Wm. Banks were arrested, tried, and held without bail by an examining court to answer for the murder of Morris.
On account of the insufficiency of the jail, they were sent to the jail of Boyd county, which is about eighty miles from *426Floyd court-house, where they were indicted on the 30th of March.
Two days before the indictment was found they were lodged in the Floyd county jail.
On the day after the indictment was filed in court the…
2Cited by23 opinions
- Miller v. StateWisconsin Supreme Court · 1909
- Music v. CommonwealthCourt of Appeals of Kentucky · 1919
- May v. CommonwealthCourt of Appeals of Kentucky · 1913
- Baker v. CommonwealthCourt of Appeals of Kentucky · 1899
- Gilbert v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1929
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