Denham v. Commonwealth
Court of Appeals of Kentucky
Case 64 — Prosecution Against Hiram Denham fob an Assault with Intent to Kill. APPEAL FROM LINCOLN CIRCUIT COURT — 'W. C. BELL, CIRCUIT JUDGE.
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Case 64 — Prosecution Against Hiram Denham fob an Assault with Intent to Kill. APPEAL FROM LINCOLN CIRCUIT COURT — 'W. C. BELL, CIRCUIT JUDGE. Dependant Convicted and Appeals. 1. We, submit that where a defendant is being tried for assaulting another with intent to kill, it is error for the court to allow the attorney for the Commonwealth to ask the prosecuting witness whether any money was taken from him, for the reason that robbery being a separate offense it can not be considered by the jury in connection with the offense for which the defendant was being tried, and such evidence was,…
1Opinion of the Court
Opinion of the, court by
JUDGE SETTLE!
Affirming.
On the night of October 20, 1902, one C. H. Vanarsdale, who resides in Lincoln county, on the Hustonville and Middlesbtirg pike, was called to his front gate, situated within thirty yards of his house, upon reaching which he found two men, one a tall man and the other of lesser height. When Vanarsdale got to the gate the tall man asked if he was Mr. Vanarsdale, and said, “G-d-n you, I am going to kill you,” at the same time' raising his arm, and holding in his hand something that Vanarsdale took to be *511a knife or pistol. Immediately following this…
2Cases cited3 opinions
- Pedigo v. CommonwealthCourt of Appeals of Kentucky · 1898
- Snapp v. CommonwealthCourt of Appeals of Kentucky · 1884
- Bess v. CommonwealthCourt of Appeals of Kentucky · 1903
3Cited by31 opinions
- Heinze v. StateCourt of Appeals of Maryland · 1945
- Morse v. CommonwealthCourt of Appeals of Kentucky · 1908
- Terrell v. StateCourt of Special Appeals of Maryland · 1968
- Blair v. CommonwealthCourt of Appeals of Kentucky · 1916
- Summers v. United StatesCourt of Appeals for the Fourth Circuit · 1926
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