Legal Opinion

Merriweather v. Commonwealth

Court of Appeals of Kentucky

Decided October 26, 1904PublishedCited by 31 opinions

Case 116 — Prosecution against Prank Merriweather for Murder.— APPEAL FROM CHRISTIAN CIRCUIT COURT-THOS. P. COOK, CIRCUIT JUDGE.

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Case 116 — Prosecution against Prank Merriweather for Murder.— APPEAL FROM CHRISTIAN CIRCUIT COURT-THOS. P. COOK, CIRCUIT JUDGE. Defendant Convicted and Appeals, 1. The appellant is charged with conspiring and confederating with other persons, defendants, to kill and murder a man whose name was unknown to the grand jury, and in pursuance thereof did kill him. 2. The evidence sustains the conspiracy and murder, and we ■submit that the statement of any one of the conspirators is competent evidence against any one of the others on the trial. 3. Even if the conspiracy is not proved, the statement…

1Opinion of the Court

Opinion on the court by

JUDGE O’REAR

Reversing.

Appellant, Frank Merriweather, and eight others, including George Holland and Dick Carney, all negroes, were indicted for the willful murder of an unknown white man committed in Christian county on November 14, 1903. The murdered man was a stranger in that community. He appeared in a saloon in the town of Pembroke “after dark on the 14th. of November, 1903 — Saturday night — and bought some whisky. In paying for it he exhibited some money, and besides got some silver exchanged for paper money, which he added to a roll of bills, also exhibited in…

2Cases cited7 opinions

  1. Lawson v. StateSupreme Court of Alabama · 1852
  2. Bob v. StateSupreme Court of Alabama · 1858
  3. Wilkins v. StidgerCalifornia Supreme Court · 1863
  4. Jackson v. CommonwealthCourt of Appeals of Kentucky · 1896
  5. Pierce v. GoldsberryIndiana Supreme Court · 1871

2 more not listed; retrieve them via the Exa API.

3Cited by31 opinions

  1. People v. NittiIllinois Supreme Court · 1924
  2. Miller v. StateSupreme Court of North Carolina · 1953
  3. People v. HarrisonIllinois Supreme Court · 1914
  4. State v. DowlingSupreme Court of Missouri · 1941
  5. Smith v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1962

26 more not listed; retrieve them via the Exa API.

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