Craft v. Commonwealth
Court of Appeals of Kentucky
Case 38 — INDICTMENT APPEAL PROM CARTER CIRCUIT COURT. 1. The motion to set aside, and the demurrer to the indictment, should have been sustained. (Sec. 1, art. 2, ch. G2, Gen. Stat.; lb., sec. 11,. art. 4, ch. 02, p. 575; Bouvier’s Law Diet., vol. 1, p. 592; 1 Chit. Rep., 502; sec. 158, Criminal Code; 10 Bush, 478; Acts 1881, vol. 1, p. 2; Gen. Stat., pp. 281, 280; secs. 121, 158, Crim. Code; Const., art. 13,. sec. 2; Ccinst., art. 4, secs. 16, 28; Cooley’s Const.
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Case 38 — INDICTMENT APPEAL PROM CARTER CIRCUIT COURT. 1. The motion to set aside, and the demurrer to the indictment, should have been sustained. (Sec. 1, art. 2, ch. G2, Gen. Stat.; lb., sec. 11,. art. 4, ch. 02, p. 575; Bouvier’s Law Diet., vol. 1, p. 592; 1 Chit. Rep., 502; sec. 158, Criminal Code; 10 Bush, 478; Acts 1881, vol. 1, p. 2; Gen. Stat., pp. 281, 280; secs. 121, 158, Crim. Code; Const., art. 13,. sec. 2; Ccinst., art. 4, secs. 16, 28; Cooley’s Const. Lim., pp. 390-’l-’2.) 2. The trial was not fair and impartial. (9 Bush, p. 229; subsec. 7, sec. 271, then 207, Crim. Code.) 3.…
1Opinion of the Court
JUDGE HINES
delivered the opinion op toe court.
This is an appeal from a sentence of death on a conviction for murder. The case was here before on an appeal from a like sentence, and reversed because of the failure of the court to properly instruct the jury as to the weight to which the testimony of an accomplice is entitled. Opinion delivered September 12th, 1882, and to be reported in 80th Kentucky.
On the first trial one Ellis, an accomplice, testified, on behalf of the Commonwealth, to the guilt of appellant, but died before the last trial, in which trial the Commonwealth gave in evidence to…
2Cases cited1 opinion
- Acheson v. MillerOhio Supreme Court · 1849
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- Nagi v. Detroit United RailwayMichigan Supreme Court · 1925
- State v. TaylorSupreme Court of South Carolina · 1900
- Blanton v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1925
- Raleigh & Gaston Railroad v. BradshawSupreme Court of Georgia · 1901
- Baker v. SandsCourt of Appeals of Texas · 1911
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