Legal Opinion

Cunningham v. Commonwealth

Court of Appeals of Kentucky

Decided October 26, 1872PublishedCited by 10 opinions

Case 29 — INDICTMENT FOR MURDER APPEAL EB.0M HICKMAN CIRCUIT COURT. CITED Criminal Code, secs. 334, 200, 238. Revised Statutes, 2 Stanton, p. 81. 1 Duvall, 226, Smith v. Commonwealth. 5 B. Mon. 471, Gregory’s heirs v. Ford. 7 Mon. 325, Tate v. Parrish. 3 Mon. 149, Clay’s heirs v. Miller. CITED Criminal Code, secs. 276, 335, 277, 364, 226. 3 Met. 10, Clem v. Commonwealth. 1 Duvall, 224, Smith v. Commonwealth. 4 Met. 95, Meador v. Turpin. 7 Bush, 327, Blimm v. Commonwealth.

1Opinion of the CourtChief Justice Hardin

Having been tried and convicted upon an indictment for the murder of Joseph Pendergrass, and sentenced to be hanged, the appellant, James Cunningham, prosecutes this appeal for a reversal of the judgment of the court below.

The grounds of the motion for a new trial questioned the correctness of the action of the circuit court for several reasons, all of which except one have been virtually, and, as we think, properly, abandoned as unavailable by the appellant’s counsel in the arguments in this court. The single remaining question thus indicated as essential, and which is particularly *151relied on…

2Cited by10 opinions

  1. Bines v. StateSupreme Court of Georgia · 1903
  2. Meisenheimer v. StateSupreme Court of Arkansas · 1904
  3. Patterson v. CommonwealthCourt of Appeals of Kentucky · 1887
  4. Patterson v. CommonwealthCourt of Appeals of Kentucky · 1887
  5. Wigginton v. CommonwealthCourt of Appeals of Kentucky · 1891

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