Legal Opinion

Smith v. Commonwealth

Court of Appeals of Kentucky

Decided March 12, 1902PublishedCited by 5 opinions

Case 4 — Defendant Convicted of Manslaughter Under an Indictment for Murder. APPEAL FROM BELL CIRCUIT COURT. Defendant Convicted of Manslaughter and Appeals.

1Opinion of the Court

Opinion of the coubt by

JUDGE DURELLE

Affirming.

Tlio appellant was originally indicted in Harlan county for the murder of S. T. Day. Upon the application of the Commonwealth, a change of venue was granted to Letcher county. The order transferring the case to Letcher, and the refusal of the court to permit affidavits to be filed showing objections to Letcher county, wTere relied on as ground for re. versal upon a former appeal. Smith v. Com., 108 Ky., 53 (21 R., 1470), (55 S. W., 718). Upon that appeal the court did not decide whether the ease should be reversed for that action, but said: “As,…

2Cases cited3 opinions

  1. Williams v. CommonwealthCourt of Appeals of Kentucky · 1890
  2. Smith v. CommonwealthCourt of Appeals of Kentucky · 1894
  3. Smith v. CommonwealthCourt of Appeals of Kentucky · 1900

3Cited by5 opinions

  1. Bilton v. TerritoryCourt of Criminal Appeals of Oklahoma · 1909
  2. Commonwealth v. JonesMassachusetts Supreme Judicial Court · 1946
  3. Colon v. CommonwealthCourt of Appeals of Kentucky · 1923
  4. State v. St. ClairUtah Supreme Court · 1955
  5. Jackson v. CommonwealthCourt of Appeals of Kentucky · 1920

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