Legal Opinion

Risner v. Commonwealth

Court of Appeals of Kentucky

Decided March 23, 1909PublishedCited by 3 opinions

Appeal from Magoffin Circuit Court. D. W. Gardner, Circuit Judge. Defendant convicted and appeals POINTS AND AUTHORITIES CITED 1. The defendant has a right to have compulsory process for his absent witnesses who are material to his defense and to have a, reasonable time in which to have same executed. (Section 11 of Bill of Rights; Adkins v. Commonwealth., 98 Ky., 539.) 2. Improper and prejudicial arguments 'Of Commonwealth’s attorney is ground for reversal.

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Appeal from Magoffin Circuit Court. D. W. Gardner, Circuit Judge. Defendant convicted and appeals POINTS AND AUTHORITIES CITED 1. The defendant has a right to have compulsory process for his absent witnesses who are material to his defense and to have a, reasonable time in which to have same executed. (Section 11 of Bill of Rights; Adkins v. Commonwealth., 98 Ky., 539.) 2. Improper and prejudicial arguments 'Of Commonwealth’s attorney is ground for reversal. (Redmond v. Commonwealth, 51 S. W., 565; Johnson v. Commonwealth, 61 S. W., 1005; Carroll v. Commonwealth, 92 S. W., 308.) 3. Verdict of…

1Opinion of the Court

Opinion of the Court by

Chief Justice Settle

Affirming.

The appellant, Ed. Risner, by this appeal seeks the reversal of a judgment of the Magoffin Circuit Court, entered upon the verdict of a jury, finding him guilty of voluntary manslaughter, and fixing his punishment at three -years ’ confinement in the penitentiary. The indictment under which appellant was tried and convicted charged him with the crime of murder. -The victim of the homicide was William Hale, whose death resulted from a pistol ball fired by the hand of appellant. Appellant moved for a new trial in the court below on the…

2Cases cited9 opinions

  1. Ochsner v. CommonwealthCourt of Appeals of Kentucky · 1908
  2. Thompson v. CommonwealthCourt of Appeals of Kentucky · 1906
  3. Howerton v. CommonwealthCourt of Appeals of Kentucky · 1908
  4. Washington Life Insurance v. MilesCourt of Appeals of Kentucky · 1902
  5. Adkins v. CommonwealthCourt of Appeals of Kentucky · 1896

4 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Kirk v. Yarmouth Lime Co.Supreme Judicial Court of Maine · 1940
  2. Boden v. RogersCourt of Appeals of Kentucky · 1952
  3. Baker v. CommonwealthCourt of Appeals of Kentucky · 1924

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