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Legal Opinion

Burkhart v. Commonwealth

Court of Appeals of Kentucky

Decided March 24, 1950PublishedCited by 3 opinions

1Opinion of the Court

Judge Latimer

Affirming.

Appellant, Sherman Burkhart, upon his conviction for the crime of voluntary manslaughter and sentence to confinement for 5 years in the Penitentiary, prosecutes this appeal.

He urges as grounds for reversal: (1) The verdict is flagrantly against the evidence and the law. (2) Error in refusing peremptory instruction. (3) Error in admitting incompetent evidence. (4) Error in refusing to grant a new trial because of separation of jury. Grounds (1) and (2) will be considered together.

On the night of January 29, 1949, sometime about 9 or 9:30, Armond Mize was found dead on…

2Cases cited14 opinions

  1. Chaney v. CommonwealthCourt of Appeals of Kentucky · 1912
  2. King v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1934
  3. Belcher v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1933
  4. Newcomb v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1939
  5. Watson and Kelly Caudill v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1926

9 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Gabow v. CommonwealthKentucky Supreme Court · 2000
  2. Colwell v. CommonwealthCourt of Appeals of Kentucky · 1958
  3. Hatton v. CommonwealthCourt of Appeals of Kentucky · 1969

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