Commonwealth v. Lawson
Court of Appeals of Kentucky
Case 98 — Prosecution Against Nev Lawson, for Murder. APPEAL FROM WHITLEY CIRCUIT COURT-M. L. JARVIS,. CIRCUIT JUDGE. Defendant Acquitted and Commonwealth Appeals from an Order Excluding Dying Declarations.
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Case 98 — Prosecution Against Nev Lawson, for Murder. APPEAL FROM WHITLEY CIRCUIT COURT-M. L. JARVIS,. CIRCUIT JUDGE. Defendant Acquitted and Commonwealth Appeals from an Order Excluding Dying Declarations. Our contention is that on a trial of one for murder, where one witness testifies to statements made by the deceased under a sense of impending death and two other witnesses testify that no such statements were made, the evidence of the one .witness is admissible as dying declarations of the deceased, and the question as to whether they were in fact made should be submitted to the jury.…
1Opinion of the Court
Opinion of the court by
JUDGE BARKER.
The appellee, Nev. Lawson, was indicted by the grand jury of Whitley county, charged with the wilful murder of Josh Faulkner. The tragedy took place at a dance at the house of appellee. Upon the trial, appellee admitted that he had a difficulty with the deceased, but denied the shooting. The identity of the murderer was the real issue in the case. The Commonwealth introduced John W. Faulkner, an uncle of deceased, who testified as follows: “Josh Faulkner was my nephew. He was shot along about 2 o’clock at night, and died the next night of the gunshot wound.…
2Cases cited2 opinions
- Roten v. StateSupreme Court of Florida · 1893
- Kehoe v. CommonwealthSupreme Court of Pennsylvania · 1877
3Cited by3 opinions
- Postell v. CommonwealthCourt of Appeals of Kentucky · 1917
- Coyle v. CommonwealthCourt of Appeals of Kentucky · 1906
- Allen v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1947