Cargill v. Commonwealth
Court of Appeals of Kentucky
Case 97 — INDICTMENT— APPEAL PROM GRAVES CIRCUIT COURT. 1. It was error to allow the jury to take the indictment with a former verdict of guilty indorsed upon it. (Smith v. Commonwealth, 11 Ky. Law Rep., 219; Brewer v. Commonwealth, Idem, 601-2.) 2. The court erred in refusing to instruct the jury as to the effect of a confession on the part of defendant.
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Case 97 — INDICTMENT— APPEAL PROM GRAVES CIRCUIT COURT. 1. It was error to allow the jury to take the indictment with a former verdict of guilty indorsed upon it. (Smith v. Commonwealth, 11 Ky. Law Rep., 219; Brewer v. Commonwealth, Idem, 601-2.) 2. The court erred in refusing to instruct the jury as to the effect of a confession on the part of defendant. (Criminal Code, sec. 240.) 3. It was error to allow the Commonwealth, after both sideshad closed, to introduce testimony to contradict defendant. 4. The court should have permitted witnesses to testify that up to the time the prosecuting…
1Opinion of the CourtChief Justice Holt
-TMs is the second conviction of the appellant, Frank *580Cargill, for detaining Lillian Yarbroger against her will with the intention of having carnal knowledge with her.
The punishment awarded on the first trial was three years, and upon the last trial three and a half years, in the penitentiary.
The case upon the former appeal will be found reported in the 12 Ky. Law. Reporter, page 149.
The testimony is quite conflicting whether the conduct of the appellant was against her will. But under the rule that governs this court in a criminal case, the fact that it is conflicting forbids a reversal,…
2Cited by10 opinions
- Richardson v. CommonwealthCourt of Appeals of Kentucky · 1972
- Holmgren v. United StatesCourt of Appeals for the Ninth Circuit · 1907
- Williams v. CommonwealthCourt of Appeals of Kentucky · 1919
- Hedger v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1943
- State v. WigginsSupreme Court of Louisiana · 1893
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