Legal Opinion

Howard v. Commonwealth

Court of Appeals of Kentucky

Decided April 22, 1904PublishedCited by 27 opinions

Case 1 — Prosecution aoainst James B. Howard eor the Murder of William Goebel — Third Trial — APPEAL FROM FRANKLIN CIRCUIT COURT-JAS. E. CANTRIDL, CIRCUIT JUDGE.

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Case 1 — Prosecution aoainst James B. Howard eor the Murder of William Goebel — Third Trial — APPEAL FROM FRANKLIN CIRCUIT COURT-JAS. E. CANTRIDL, CIRCUIT JUDGE. Defendant Convicted and Given Life Sentence in Penitentiary, and Appeals. 1. The sole question in this case is Whether or not the accused, James B. Howard, fired the shot that killed Senator William Goebel. 2. While there may be evidence tending to show that the accused fired the fatal shot, we insist that there is not a scintilla of evidence even tending in the remotest degree to connect him in any way with any conspiracy or plan to…

1Opinion of the Court

Opinion op the court by

JUDGE SETTLE

Apfirming.

The appellant, James B. Howard, was tried and convicted the third time in the Franklin circuit court under an indictment returned in that court against him and others, charging them with the murder of William Goebel, and his punishment fixed by the verdict of the jury and sentence of the court at imprisonment in the penitentiary for life. His motion for a new trial was overruled by the lower court, and by this appeal he seeks a reversal of the judgment of conviction.

There have been two former appeals herein. See Howard v. Commonwealth, 61 S. W.,…

2Cases cited9 opinions

  1. Howard v. CommonwealthCourt of Appeals of Kentucky · 1901
  2. Meece v. CommonwealthCourt of Appeals of Kentucky · 1880
  3. Commonwealth v. SappCourt of Appeals of Kentucky · 1890
  4. Curtis v. CommonwealthCourt of Appeals of Kentucky · 1901
  5. Franklin v. CommonwealthCourt of Appeals of Kentucky · 1899

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3Cited by27 opinions

  1. Ellis v. CommonwealthCourt of Appeals of Kentucky · 1912
  2. Hargis v. CommonwealthCourt of Appeals of Kentucky · 1909
  3. May v. CommonwealthCourt of Appeals of Kentucky · 1913
  4. Thomas v. StateMississippi Supreme Court · 1918
  5. Commonwealth v. Phoenix Hotel Co.Court of Appeals of Kentucky · 1914

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