Kean v. Commonwealth
Court of Appeals of Kentucky
Case 40 —INDICTMENT — APPEAL PROM JEFFERSON CIRCUIT COURT. CITED Revised Statutes, pp. 230, 322. Constitution of Kentucky, art. 3, sec. 13. 3 Met. 137-38, -Vandever v. Vandever. 6 B. Mon. 341, Vaughan and McKee’s heirs v. Hann. 2 Bibb, 311, Morris v. Morris. 1 Bibb, 611, Snelling v. Utterbaek, &c. 6 Bush, 565. CITED Criminal Code, section 334. Greenleaf’s Evidence, 250. Wharton’s Criminal Law, 313. 6 Bush, 571, O’Brian v.' Commonwealth. 3 Bush, 481, Hopkins v. Commonwealth.…
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Case 40 —INDICTMENT — APPEAL PROM JEFFERSON CIRCUIT COURT. CITED Revised Statutes, pp. 230, 322. Constitution of Kentucky, art. 3, sec. 13. 3 Met. 137-38, -Vandever v. Vandever. 6 B. Mon. 341, Vaughan and McKee’s heirs v. Hann. 2 Bibb, 311, Morris v. Morris. 1 Bibb, 611, Snelling v. Utterbaek, &c. 6 Bush, 565. CITED Criminal Code, section 334. Greenleaf’s Evidence, 250. Wharton’s Criminal Law, 313. 6 Bush, 571, O’Brian v.' Commonwealth. 3 Bush, 481, Hopkins v. Commonwealth. 4 Hawkins’s Pleas of the Crown. 3 Met. 337, Higgs v. Wilson. 1 Archbold’s Criminal Law, 406. 2 Starkie’s Evidence, 48.…
1Opinion of the Court
JUDGE PRYOR
delivered the opinion op the court.
The appellant, Henry Kean, was indicted' in the Jefferson Circuit Court, charged with murdering one Avery. He has been twice tried and found guilty as charged, and the case is in this court the second time for revision. A witness by the name of Maddox, who testified on the first trial, died before the second trial took place. His evidence was embodied in a bill of exceptions prepared in the court below and considered in this court on the first appeal. On the second trial of the case, the one now being considered, the statements purporting to have…
2Cases cited2 opinions
- Walston v. CommonwealthCourt of Appeals of Kentucky · 1855
- Johnson v. CommonwealthCourt of Appeals of Kentucky · 1872
3Cited by7 opinions
- State v. FitzgeraldSupreme Court of Iowa · 1884
- Moore v. CommonwealthCourt of Appeals of Kentucky · 1911
- North River Insurance v. WalkerCourt of Appeals of Kentucky · 1914
- Austin v. CommonwealthCourt of Appeals of Kentucky · 1906
- Howard v. Beldenville Lumber Co.Wisconsin Supreme Court · 1908
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