Wigginton v. Commonwealth
Court of Appeals of Kentucky
Case 54-INDICTMENT. APPEAL FROM MONTGOMERY CIRCUIT COURT. A confession by the accused in the presence of an officer having him in charge and procured by threats or promise of immunity from punishment, is not competent evidence against the accused. (1 Greenleaf on Evidence, sec. 222; Roscoe’s Criminal Evidence, 32; 1 Wharton’s Am. Grim.
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Case 54-INDICTMENT. APPEAL FROM MONTGOMERY CIRCUIT COURT. A confession by the accused in the presence of an officer having him in charge and procured by threats or promise of immunity from punishment, is not competent evidence against the accused. (1 Greenleaf on Evidence, sec. 222; Roscoe’s Criminal Evidence, 32; 1 Wharton’s Am. Grim. Law, sec. 686; Young v. Commonwealth, 8 Bush, 366; Rector v. Commonwealth, 80 Ky., 468; Rutherford v. Commonwealth, 2 Met., 387; Young v. Commonwealth, 8 Bush, 386; Butler v. Commonwealth, 2 Duvall, 435; Hudson v. Commonwealth, 2 Duvall, 531.) No brief in…
1Opinion of the Court
JUDGE LEWIS
DELIVERED THE OPINION OF THE COURT.
Appellants, John L. "Wigginton, father, and Charles and Prank Wigginton, unmarried sons, having been jointly indicted for murder of Buck Watts by poisoning, were convicted.
The deceased was at the time of his death living on and had management of a farm belonging to his father-in-law, Eerguson, and they with their wives occupied the same dwelling house.
That the death of Watts was caused by poison intentionally put into a coffee-pot from which he drank at breakfast is placed by the evidence beyond question. Eor of the three persons who on that…
2Cases cited2 opinions
- Young v. CommonwealthCourt of Appeals of Kentucky · 1871
- Cunningham v. CommonwealthCourt of Appeals of Kentucky · 1872
3Cited by13 opinions
- Clary v. CommonwealthCourt of Appeals of Kentucky · 1915
- State v. CopeSupreme Court of North Carolina · 1954
- Higgins v. CommonwealthCourt of Appeals of Kentucky · 1911
- Ratliff v. CommonwealthCourt of Appeals of Kentucky · 1918
- Dolan v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1971
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