Vogt v. Commonwealth
Court of Appeals of Kentucky
Case 14 —INDICTMENT— APPEAL FROM JEFFERSON CIRCUIT COURT. 1. The court erred in refusing the instruction asked upon the subject of threats. (Phillips v. Commonwealth, 2 Duv., 328; Carrico v. Commonwealth, 7 Bush, 124; Oder v. Commonwealth, 80 Ky., 32; Commonwealth v. Barnes, MS. Op., June 4, 1891.) 2. It was error to refuse a continuance.
Read the full summary
Case 14 —INDICTMENT— APPEAL FROM JEFFERSON CIRCUIT COURT. 1. The court erred in refusing the instruction asked upon the subject of threats. (Phillips v. Commonwealth, 2 Duv., 328; Carrico v. Commonwealth, 7 Bush, 124; Oder v. Commonwealth, 80 Ky., 32; Commonwealth v. Barnes, MS. Op., June 4, 1891.) 2. It was error to refuse a continuance. Where a subpoena for absent witnesses, with the return of the Sheriff thereon, is made part of the affidavit for a continuance the two should be considered together in determining whether due diligence has been used. 3. The failure to give an instruction on…
1Opinion of the Court
JUDGE LEWIS
DELIVERED THE OPINION OE THE COURT.
According to evidence of witness in this case for the Commonwealth, appellant went to the saloon and grocery of one Hackworth, and while they were drinking, Collins, the deceased, came in, and Hackworth introducing them, they took a drink together, when appellant said to deceased : “ I have met you before; I met you at South Louisville at the election; ” to which Collins replied, “ I am a straight Democrat,” when appellant said, “ You didn’t show it at the last election,” and Collins said, “ You people would not allow me to show it,” to which…
2Cited by1 opinion
- Douthitt v. CommonwealthCourt of Appeals of Kentucky · 1918