Saylor v. Commonwealth
Court of Appeals of Kentucky
Case 32 — INDICTMENT APPEAL PROM HARLAN CIRCUIT COURT. 1. The court erred in refusing a continuance. (Adair v. Cooper, 25 Texas, 548; Boone v. Hilton. (S. C.) Const., 198; Allcorn v. Rafferty, 4 J. J. Mar., 220; Holmes v. Dobbins, 19 Ga., 630; Montgomery v. Ins. Co., 18 La.
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Case 32 — INDICTMENT APPEAL PROM HARLAN CIRCUIT COURT. 1. The court erred in refusing a continuance. (Adair v. Cooper, 25 Texas, 548; Boone v. Hilton. (S. C.) Const., 198; Allcorn v. Rafferty, 4 J. J. Mar., 220; Holmes v. Dobbins, 19 Ga., 630; Montgomery v. Ins. Co., 18 La. Ann., 227.) 2. As the dying declarations of the deceased were reduced to writing, the writing was the best evidence, and its absence not being accounted for, it was error to admit parol testimony as to its contents. (Greenleaf on Evidence, vol. 1, sec. 161; Roscoe’s Criminal Evidence, 35, 97; State v. Sullivan, 51 Iowa,…
1Opinion of the Court
JUDGE PAYNTER
delivered the opinion of the court.
Tlie appellant was indicted in the Harlan Circuit Court charged with the murder of Hiram Shackelford. He was tried, found guilty of voluntary manslaughter and his punishment fixed at confinement in the penitentiary for a period of five years.
It is insisted that the judgment should be reversed because, (1) the court erred to his prejudice in overruling a motion for a continuance of the case; (2) the court erréd in failing to properly instruct the jury and give to it the whole law of the case; (3) the court erred in allowing witnesses to prove the…
2Cases cited1 opinion
- Hines v. CommonwealthCourt of Appeals of Kentucky · 1890
3Cited by27 opinions
- Howard v. CommonwealthCourt of Appeals of Kentucky · 1901
- State v. FoleyWest Virginia Supreme Court · 1945
- Kirk v. Territory of OklahomaSupreme Court of Oklahoma · 1900
- Choate v. CommonwealthCourt of Appeals of Kentucky · 1917
- Watson v. CommonwealthCourt of Appeals of Kentucky · 1909
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