Warren v. Commonwealth
Court of Appeals of Kentucky
Case 61 — INDICTMENT— APPEAL FROM HARDIN CIRCUIT COURT. 1. The lower court erred in overruling an objection to testimony introduced by the -Commonwealth to the effect that the deceased’s wife and children 'were left in a destitute condition, as it was incompetent and introduced for the purpose of prejudicing the jury. (2 Bishop Crim.
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Case 61 — INDICTMENT— APPEAL FROM HARDIN CIRCUIT COURT. 1. The lower court erred in overruling an objection to testimony introduced by the -Commonwealth to the effect that the deceased’s wife and children 'were left in a destitute condition, as it was incompetent and introduced for the purpose of prejudicing the jury. (2 Bishop Crim. Pro., sec. 263.) 2. In -a criminal -case the -State- can not ask any question on a pretext of cross-examination of the defendant, that could not properly be asked of any other witness in the case, and the lower court erred in overruling the appellant’s objection…
1Opinion of the Court
JUDGE Dtr RELLE
delivered the opinion op the court.
This appeal is prosecuted from a judgment of conviction lor voluntary manslaughter.'
Tbe first ground urged for reversal is that the Commonwealth, against objection by the defense, was allowed to-prove that the deceased left a wife and four children, and his wife had been sick ever since her husband’s death, and’ that the Commonwealth’s attorney was permitted in his argument to the jury to comment upon the fact that the-*373defense had objected to an explanation of the absence of the widow from the trial.
The evidence does not seem to be…
2Cases cited2 opinions
- Conner v. CommonwealthCourt of Appeals of Kentucky · 1878
- Trimble v. CommonwealthCourt of Appeals of Kentucky · 1879
3Cited by5 opinions
- Commonwealth v. WelchCourt of Appeals of Kentucky · 1901
- Lesueur v. StateIndiana Supreme Court · 1911
- Cooper v. KeyesCourt of Appeals of Kentucky (pre-1976) · 1932
- Bolin v. CommonwealthCourt of Appeals of Kentucky · 1966
- Welch v. CommonwealthCourt of Appeals of Kentucky · 1901