Rowsey v. Commonwealth
Court of Appeals of Kentucky
Case fiS — Prosecution against William Rowsey for Murder.— APPEAL FROM BOYLE CIRCUIT COURT. Dependant Convicted and Appeals.
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Case fiS — Prosecution against William Rowsey for Murder.— APPEAL FROM BOYLE CIRCUIT COURT. Dependant Convicted and Appeals. The grounds on which we rely for a reversal in this ease are: 1. Because the verdict is flagrantly against the law and testimony. 2. Because the court erred in giving instructions Nos. 1 to 5 to the jury over appellant’s objections. 3. Because the court erred in admitting the * affidavit called dying declarations of Sam Mastín to be read as evidence to the jury over appellant’s objection. ' 4. Because the court permitted, over appellant’s objection, 'the witnesses Ella…
1Opinion of the Court
Opinion of the court by
CHIEF JUSTICE BURNAM
Affirming.
This is an appeal by William Rowsey from a judgment of the Boyle Circuit Court sentencing him to twenty-one years’ confinement in tbe penitentiary for killing Sam Mastin by shooting him with a pistol. The testimony discloses that the accused, Rowsey, and the deceased, Mastin, had attended Sunday school at a schoolhouse in Boyle codnty, and that, after the Sunday school was over, they, in company with several -other young- persons of both sexes, were walking up the public highway towards their homes, laughing and talking; that the deceased,…
2Cases cited3 opinions
- Kennedy v. CommonwealthCourt of Appeals of Kentucky · 1878
- McCue v. CommonwealthSupreme Court of Pennsylvania · 1875
- Meridith v. CommonwealthCourt of Appeals of Kentucky · 1857
3Cited by1 opinion
- Tompkins v. CommonwealthCourt of Appeals of Kentucky · 1903