Brown v. Commonwealth
Court of Appeals of Kentucky
Case 91 — ¡Prosecution against Church Brown pos Murder.— APPEAL- PROM SCOTT CIRCUIT COURT. 1. We submit that the evidence in this case is not sufficient to authorize the jury to find the defendant guilty, it being substantially the same that it was on the former trial, which this court said on reversing the case, “that at the conclusion of the testimony for the Commonwealth the.lower court ought to have peremptorily instructed the jury to find the defendant not guilty.” 2.…
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Case 91 — ¡Prosecution against Church Brown pos Murder.— APPEAL- PROM SCOTT CIRCUIT COURT. 1. We submit that the evidence in this case is not sufficient to authorize the jury to find the defendant guilty, it being substantially the same that it was on the former trial, which this court said on reversing the case, “that at the conclusion of the testimony for the Commonwealth the.lower court ought to have peremptorily instructed the jury to find the defendant not guilty.” 2. The evidence on this trial, of whatever importance, is purely circumstantial, and where circumstantial evidence has to be…
1Opinion of the Court
*768Opinion oar the couet by
JUDGE NUNN
Reversing.
This case was before this court on a former appeal, and was reversed because there was not anything with which to connect the accused with the death of Lair, nor was there evidence that Lair came to his death as the result of violence on the part of any one. See opinion, for history of the case, in 69 S. W., 1098. On the return of the case to the lower court, another trial was had, and resulted in appellant’s conviction, and a life sentence was imposed, and the case is here again on appeal.
It appears from this record that the Commonwealth on the…
2Cases cited1 opinion
- Rutherford v. CommonwealthCourt of Appeals of Kentucky · 1878
3Cited by8 opinions
- Davenport v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1941
- Payne v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1934
- Fletcher v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1931
- Bourne v. StateNebraska Supreme Court · 1927
- Miranda v. StateArizona Supreme Court · 1933
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