Toliver v. Commonwealth
Court of Appeals of Kentucky
Case 101 — INDICTMENT FOR HOMICIDE APPEAL PROM IIARLAN CIRCUIT COURT. 1. The trial court erred to the prejudice of the appellant when it refused him a continuance. 2. The trial court erred in admitting the statements claimed to be dying declarations. 3. The court erred in instructing the jury Citations: Greenleaf on Evidence, vol. 1, sec. 158; Commonwealth v. Matthews, 89 Ky., 287; 11 Ky. Law Rep., 505; Peoples v. Commonwealth, 87 Ky., 487; Luker v. Commonwealth, 9 Ky.
Read the full summary
Case 101 — INDICTMENT FOR HOMICIDE APPEAL PROM IIARLAN CIRCUIT COURT. 1. The trial court erred to the prejudice of the appellant when it refused him a continuance. 2. The trial court erred in admitting the statements claimed to be dying declarations. 3. The court erred in instructing the jury Citations: Greenleaf on Evidence, vol. 1, sec. 158; Commonwealth v. Matthews, 89 Ky., 287; 11 Ky. Law Rep., 505; Peoples v. Commonwealth, 87 Ky., 487; Luker v. Commonwealth, 9 Ky. Law Rep., 385; Yaughan v. Commonwealth, 86 Ky., 431; 9 Ky. L. R., 385; Lieber v. Commonwealth, 9 Bush, 11; Collins v.…
1Opinion of the Court
JUDGE PAYNTER
DF.IJVICRF.n the opinion of the court.
The jury found the defendant guilty of the murder of M. Gross, and fixed his punishment at confinement in the penitentiary for life.' He seeks a reversal because — First, the court overruled his motion for a continuance; second, in admitting as evidence statements of the deceased as his *762dying declaration; third, error in instrúcting the jury. We will consider the questions raised in their reverse order.
He denied that he did the shooting which resulted in •the death of Gross, and so testified. The testimony for the Commonwealth tends to show…
2Cited by4 opinions
- United States v. DuckworthUnited States Court of Military Appeals · 1963
- Thorpe v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1945
- Lawson v. CommonwealthCourt of Appeals of Kentucky · 1914
- Delk v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1948