Baker v. Commonwealth
Court of Appeals of Kentucky
Case 22 — HOMICIDE— APPEAL FROM KNOX CIRCUIT COURT. 1. There is no exception to the rule as to separation of the witnesses where it is demanded by either party. One who is a prosecutor and also a 'witness should not be present where the other witnesses are testifying, especially when his presence would have the effect of intimidating witnesses.
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Case 22 — HOMICIDE— APPEAL FROM KNOX CIRCUIT COURT. 1. There is no exception to the rule as to separation of the witnesses where it is demanded by either party. One who is a prosecutor and also a 'witness should not be present where the other witnesses are testifying, especially when his presence would have the effect of intimidating witnesses. Salisbury v. Com., 79 Ky., 425; Walker v. Com., 8 Bush, 89. 2. Dying declarations .must relate to the death of the deceased and the circumstances surrounding the death and in extremis. 9 Am. & Eng. Eney. of Law, 679: They must be made in extremis under…
1Opinion of the Court
JUDGE DuRELLE
delivered the opinion of the court.
Having been convicted and sent to the penitentiary for life, under an indictment for the murder of W. L. White, Thomas Baker has prosecuted this appeal.
The indictment was found by the grand jury of Clay county, and removed to Knox county for trial, on account of the state of lawlessness existing in the county where found.
The evidence tends to show that appellant and his brother, D. Baker, belonged to a faction which was at feud with another faction to which the deceased, White, belonged. On the day of the killing, they had gone out for the…
2Cases cited8 opinions
- Hurd v. PeopleMichigan Supreme Court · 1872
- Commonwealth v. NicelySupreme Court of Pennsylvania · 1889
- Martin v. CommonwealthCourt of Appeals of Kentucky · 1892
- Commander v. StateSupreme Court of Alabama · 1877
- Salisbury v. CommonwealthCourt of Appeals of Kentucky · 1881
3 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Cooper v. StateTennessee Supreme Court · 1909
- Watson v. StateCourt of Criminal Appeals of Oklahoma · 1912
- Howard v. CommonwealthCourt of Appeals of Kentucky · 1901
- Music v. CommonwealthCourt of Appeals of Kentucky · 1919
- Goff v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1931
29 more not listed; retrieve them via the Exa API.