Pace v. Commonwealth
Court of Appeals of Kentucky
Case 32 — APPEAL PROM HARLAN CIRCUIT COURT, 1. The court erred in refusing a continuance. Section 189 of the Criminal ' Code is unconstitutional in so far as it provides that the accused may he forced into trial in the absence of material witnesses. (Constitution of Ky., art. 13, sec. 12; Taylor v. Commonwealth, 9 Ky.
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Case 32 — APPEAL PROM HARLAN CIRCUIT COURT, 1. The court erred in refusing a continuance. Section 189 of the Criminal ' Code is unconstitutional in so far as it provides that the accused may he forced into trial in the absence of material witnesses. (Constitution of Ky., art. 13, sec. 12; Taylor v. Commonwealth, 9 Ky. Law Rep., 317; Commonwealth v. Jones, 10 Bush, 327.) 2. The court erred in admitting the statement of the deceased as his dying declaration, because he was not in extremis at the time it was made, and it was not restricted to the act of killing and the circumstances immediately…
1Opinion of the Court
JUDGE HOLT
delivered the opinion of the court.
While attending an election at the precinct where he voted in November, 1888, Calvin Pace was shot and killed by his consin, the appellant, Francis Pace. The deceased' was engaged in a quarrel with one Bay, which appears to have been provoked by the latter. Just as it ended, the appellant appeared in the road, coming toward the parties with his gnn. When he got within about five steps of the deceased, and without a word being said by either of them, he shot him. He died the next day. It is satisfactorily proven that the deceased was, at the time,…
2Cases cited6 opinions
- Peoples v. CommonwealthCourt of Appeals of Kentucky · 1888
- Browning v. StateMississippi Supreme Court · 1872
- Lockard v. CommonwealthCourt of Appeals of Kentucky · 1888
- People v. DiazCalifornia Supreme Court · 1856
- Wassels v. StateIndiana Supreme Court · 1866
1 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Smith v. CommonwealthCourt of Appeals of Kentucky · 1910
- Combs v. CommonwealthCourt of Appeals of Kentucky · 1914
- Taylor v. CommonwealthCourt of Appeals of Kentucky · 1916
- Biggs v. CommonwealthCourt of Appeals of Kentucky · 1915
- Commonwealth v. WelchCourt of Appeals of Kentucky · 1901
17 more not listed; retrieve them via the Exa API.