Legal Opinion

Sprouse v. Commonwealth

Court of Appeals of Kentucky

Decided February 26, 1909PublishedCited by 23 opinions

Appeal from Carter Circuit Court-. J. B. Hannah, Circuit Judge. Defendant convicted and appeals POINTS. 1. The bloodhounds used were not laid on any trail and the evidence did not come within the rule laid down by this court, and should not have been permitted to go to the jury. 2. It was improper to admit statements, as evidence, made by appellant’s sister in his presence to which he made no reply, he at the time being accused, surrounded and confronted by about thirty men…

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Appeal from Carter Circuit Court-. J. B. Hannah, Circuit Judge. Defendant convicted and appeals POINTS. 1. The bloodhounds used were not laid on any trail and the evidence did not come within the rule laid down by this court, and should not have been permitted to go to the jury. 2. It was improper to admit statements, as evidence, made by appellant’s sister in his presence to which he made no reply, he at the time being accused, surrounded and confronted by about thirty men and two bloodhounds. He was a prisoner at the time in fact, whether formally arrested or not. It is especially…

1Opinion of the Court

Opinion op the Court by

Chief Justice Settle

Reversing.

The appellant John Sprouse and Alonzo Kelly were jointly indicted in the Lawrence circuit court, for the murder of Dovie Cooper by maliciously and feloniously burning a dwelling house in which she lived, thereby consuming her body and causing death. Upon appellant’s application a 'change of venue was granted by the Lawrence circuit court and the case transferred to Carter county. He was given a separate trial in the circuit court of that county, and the jury returned a verdict finding him guilty as charged, and fixing his punishment at…

2Cases cited3 opinions

  1. Pedigo v. CommonwealthCourt of Appeals of Kentucky · 1898
  2. Denham v. CommonwealthCourt of Appeals of Kentucky · 1905
  3. Merriweather v. CommonwealthCourt of Appeals of Kentucky · 1904

3Cited by23 opinions

  1. Stout v. StateIndiana Supreme Court · 1910
  2. Terrell v. StateCourt of Special Appeals of Maryland · 1968
  3. Blair v. CommonwealthCourt of Appeals of Kentucky · 1916
  4. Meyers v. CommonwealthCourt of Appeals of Kentucky · 1922
  5. Blair v. CommonwealthCourt of Appeals of Kentucky · 1918

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