Salisbury v. Commonwealth

It has long been the law in this Commonwealth that a conviction will be set aside or a judgment reversed on appeal only for “any error or defect when, upon consideration of the whole case, the court is satisfied that the substantial rights of the defendant have been prejudiced.” RCr 9.24, 9.26.

In Rutherford v. Commonwealth, 78 Ky. (1 Rodman) 639, 1 Ky.Law Rep. 410, it was held that the power of this court to reverse a conviction depends upon an affirmative showing by the defendant that an error appears on the record and that “the court must be satisfied, from consideration of the whole case,…