Gilbert v. Commonwealth
Court of Appeals of Kentucky
Case 87 — J. F. Gilbert was Convicted of Murder and Appeals- APPEAL FROM BREATHITT CIRCUIT COURT. Defendant Convicted of Murder and Appeals. THOMAS T. COPE and W. N. COPE, for appellant.
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Case 87 — J. F. Gilbert was Convicted of Murder and Appeals- APPEAL FROM BREATHITT CIRCUIT COURT. Defendant Convicted of Murder and Appeals. THOMAS T. COPE and W. N. COPE, for appellant. The appellant, having .been tried and convicted on a charge of murder and his punishment fixed at confinement in the penitentiary for life, prosecutes this appeal and complains: 1. That the lower court erred in permitting incompetent' evidence to go to the jury over his objection. 2. Because the court erred in permitting Robert Fields to testify as a witness for the Commonwealth, who had heard all the…
1Opinion of the Court
Opinion of the court by
CHIEF JUSTICE PAYNTER
Affirming.
The appellant was indicted and convicted for the murider of Ned Oassity. A reversal is' sought because: (1) Of the admission of incompetent testimony; (2) in allowing Robert Fields to testify after hearing the other testimony for the Commonwealth; (3) failure to instruct the jury that the defendant could not be convicted on extrajudicial confessions alone.
The deceased was killed on Sunday night. Catherine Fugate testified that on 'Sunday morning the deceased and 'his wife were on the railroad near her house, iand the appellant was also…
2Cases cited4 opinions
- Baker v. CommonwealthCourt of Appeals of Kentucky · 1899
- Wigginton v. CommonwealthCourt of Appeals of Kentucky · 1891
- Johnson v. ClemCourt of Appeals of Kentucky · 1884
- Cunningham v. CommonwealthCourt of Appeals of Kentucky · 1872
3Cited by9 opinions
- Clary v. CommonwealthCourt of Appeals of Kentucky · 1915
- Higgins v. CommonwealthCourt of Appeals of Kentucky · 1911
- Ratliff v. CommonwealthCourt of Appeals of Kentucky · 1918
- Simpson v. United StatesCourt of Appeals for the Ninth Circuit · 1923
- Frierson v. CommonwealthCourt of Appeals of Kentucky · 1917
4 more not listed; retrieve them via the Exa API.