Portwood v. Commonwealth
Court of Appeals of Kentucky
'Case 65 — INDICTMENT FOR. MURDER APPEAL PROM PAYETTE CIRCUIT COURT. 1. It was the duty of the court to have impaneled a jury to inquire into the.question of sanity or insanity of the defendant. Crim.
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'Case 65 — INDICTMENT FOR. MURDER APPEAL PROM PAYETTE CIRCUIT COURT. 1. It was the duty of the court to have impaneled a jury to inquire into the.question of sanity or insanity of the defendant. Crim. Code, secs. 156-7. 2. It was error to admit the statements made by Portwood to Cromwell, a newspaper correspondent, because he was led to make such statement by Cromwell’s assertion that he had a statement from the other side. 3. It was error to exclude from the jury the statement of Mrs. Rogers made some time before the killing that she believed that he, the defendant, would soon have to go to…
1Opinion of the Court
JUDGE LEWIS
DELIVERED THE OPINION OF THE COURT.
The uncontradicted evidence in this case shows that the accused, without previous warning, entered in the daytime the saloon of the deceased, who was sitting quietly at a table, and abruptly said to him, “Dick Perkins, I came here to kill you, and God damn you, I am going to do it;” and notwithstanding the deceased rose from the table, protesting in the following language, “My God, man, don’t shoot me,” the accused then and there shot him, and pursued him outside of the house, on the street, where he fired two more shots into his body, causing his…
2Cases cited2 opinions
- Brown v. CommonwealthCourt of Appeals of Kentucky · 1878
- Graham v. CommonwealthCourt of Appeals of Kentucky · 1855
3Cited by3 opinions
- Berry v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1929
- McCarty v. CommonwealthCourt of Appeals of Kentucky · 1903
- Wilcoxin v. CommonwealthCourt of Appeals of Kentucky · 1910