Legal Opinion

Mathley v. Commonwealth

Court of Appeals of Kentucky

Decided April 26, 1905PublishedCited by 18 opinions

Case 50. — PROSECUTION AGAINST ROBERT MATH-LEY FOR MURDER. Appeal from Daviess Circuit Court. T. F. Berkhead, Circuit Judge. Defendant convicted and appeals. POINTS CONTENDED FOR. 1. It was error, upon the trial of appellant, upon the charge of having murdered Emma Watkins, to permit the Commonwealth to read to the jury letters written to her by others than defendant. Letters were ordered filed, over defendant’s objection. 2. It was error to permit the witness, Mis.

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Case 50. — PROSECUTION AGAINST ROBERT MATH-LEY FOR MURDER. Appeal from Daviess Circuit Court. T. F. Berkhead, Circuit Judge. Defendant convicted and appeals. POINTS CONTENDED FOR. 1. It was error, upon the trial of appellant, upon the charge of having murdered Emma Watkins, to permit the Commonwealth to read to the jury letters written to her by others than defendant. Letters were ordered filed, over defendant’s objection. 2. It was error to permit the witness, Mis. Warren, to' testify that she had heard Emma Watkins (in a conversation prior to the day of the homicide) accuse defendant of…

1Opinion of the Court

Opinion by

Judge Barker

Affirming.

The appellant, Robert Mathley, was indicted by the grand jury of Daviess county, charged wih the murder of Emma "Watkins. Upon trial he was found guilty by the jury, and his pnuishment fixed at death. To reverse the judgment based upon this verdict he has appealed to this court.

The facts necessary to illustrate the questions of law arising upon the record are as follows: The appellant, who is a widower, became enamored of Emma Watkins, a girl of 17 or 18 years of age. According to the evidence, for a time, at least, they were engaged to be married, and perhaps…

2Cases cited2 opinions

  1. Abbott v. CommonwealthCourt of Appeals of Kentucky · 1900
  2. Ball v. CommonwealthCourt of Appeals of Kentucky · 1884

3Cited by18 opinions

  1. Berry v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1929
  2. Childers v. CommonwealthCourt of Appeals of Kentucky · 1914
  3. Arnold v. CommonwealthCourt of Appeals of Kentucky · 1922
  4. Harris v. CommonwealthCourt of Appeals of Kentucky · 1919
  5. Graham v. CommonwealthCourt of Appeals of Kentucky · 1923

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