Legal Opinion

Browder v. Commonwealth

Court of Appeals of Kentucky

Decided December 17, 1909PublishedCited by 12 opinions

CASE 6. — PROSECUTION AGAINST RUFUS BROWDER FOR MURDER. — Appeal from Logan Circuit Court. W. P. Sandidge, Circuit Judge. Defendant Convicted and appeals. —

1Opinion of the Court

Opinion op the Court by

Judge Hobson

— Reversing.

Rufus Browder, a negro, shot and killed James Cunningham,, an influential white man, in Logan county on July 13, 1908. At a special term held in August he was indicted for murder. His motion for *47a change of venne was overruled, and the case coming on for trial in February, 1909, he was found guilty as charged, and his punishment fixed at death.

The first question arising on the appeal is as to the propriety of the ruling of the court refusing the defendant a change of venue. By section 1109, Ky. St. 1909 (Russell’s St. sec. 3219), when it appears…

2Cited by12 opinions

  1. Stamp v. CommonwealthCourt of Appeals of Kentucky · 1923
  2. Foure v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1926
  3. Grieb, County Clerk v. Natl. Bank of Ky.'s Rec.Court of Appeals of Kentucky (pre-1976) · 1933
  4. Williams v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1941
  5. McCague Investment Co. v. MallinWyoming Supreme Court · 1918

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