Dugan v. Commonwealth
Court of Appeals of Kentucky
Case 39 — INDICTMENT APPEAR PROM KNOX CIRCUIT COURT. 1. The evidence by the police officers that appellant some time after the shooting attempted to draw his pistol on them was not competent, as part of the res gestae; was highly prejudicial to appellant, and must have poisoned the minds of the jury against him. Hallo,well v. Hallowell, 1 Monroe, 130; Am. & Eng.
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Case 39 — INDICTMENT APPEAR PROM KNOX CIRCUIT COURT. 1. The evidence by the police officers that appellant some time after the shooting attempted to draw his pistol on them was not competent, as part of the res gestae; was highly prejudicial to appellant, and must have poisoned the minds of the jury against him. Hallo,well v. Hallowell, 1 Monroe, 130; Am. & Eng. Ene. of Law, vol. 21, pages 99-111; Coppage v. Com., 3 Bush, 532. ■ 2. The evidence of the witness, Emma White, as to what Mrs. Whit-taker had said to her, related to matters purely irrelevant, and was incompetent.. Kennedy v.…
1Opinion of the Court
JUDGE PAYNTER
delivered the opinion of the court:
The appellant, John Dugan, was indicted for the murder oí John C. Colson, was found guilty of manslaughter and sentenced to the penitentiary folr twenty-one years. On June 1, 1897, between seven and eight o’clock p. m., Colson was shot and killed in the city of Middlesborough. The testimony in the case is too voluminous to be given here. According to the testimony offered by the Commonwealth, Dugan shot and killed Colson.' Dugan and William Miller had some trouble in front of what is known as the “Colson Block.” Col-son was the peacemaker; he…
2Cases cited4 opinions
- Patterson v. CommonwealthCourt of Appeals of Kentucky · 1887
- Wigginton v. CommonwealthCourt of Appeals of Kentucky · 1891
- Young v. CommonwealthCourt of Appeals of Kentucky · 1871
- Cunningham v. CommonwealthCourt of Appeals of Kentucky · 1872
3Cited by9 opinions
- Clary v. CommonwealthCourt of Appeals of Kentucky · 1915
- Higgins v. CommonwealthCourt of Appeals of Kentucky · 1911
- Ratliff v. CommonwealthCourt of Appeals of Kentucky · 1918
- People v. FordCalifornia Court of Appeal · 1914
- Frierson v. CommonwealthCourt of Appeals of Kentucky · 1917
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