Shipp v. Commonwealth
Court of Appeals of Kentucky
CASE 84. — PROSECUTION AGAINST JAMES A. SHIPP FOR MURDER. Appeal from Taylor Circuit Court. I. H. Thurman, Circuit Judge.
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CASE 84. — PROSECUTION AGAINST JAMES A. SHIPP FOR MURDER. Appeal from Taylor Circuit Court. I. H. Thurman, Circuit Judge. Defendant convicted of murder and appeals. 1. We submit that the testimony of the appellant and his son to the effect that on Saturday before the killing the wife of appellant admitted criminal intimacy with the deceased was competent for the purpose, not of proving the fact of such intimacy, as no such issue, was involved, but for the purpose of showing the mental condition of the husband when he met the deceased for the first time on the Monday following. Such admission…
1Opinion of the Court
Opinion op the Court by
Judge Nunn
Reversing.
On January 3, 1906, appellant was indicted by the grand jury of Taylor county for the murder of Joe A. Smith. On the same day appellant filed his petition for a change of venue, accompanied by the affidavits required by the statutes. After hearing proof the court, on the ninth day of the January term, 1906, overruled the motion for a change of venue, and the defendant (appellant) was given until the April term to file his bill of exceptions. At that term of the court he filed his bill of exceptions, and renewed his motion for a change of venue, which…
2Cases cited11 opinions
- People v. HurtadoCalifornia Supreme Court · 1883
- Martin v. CommonwealthCourt of Appeals of Kentucky · 1892
- Redus v. BurnettTexas Supreme Court · 1883
- Shepherd v. CommonwealthCourt of Appeals of Kentucky · 1905
- Higgins v. CommonwealthCourt of Appeals of Kentucky · 1893
6 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Watson v. StateCourt of Criminal Appeals of Oklahoma · 1912
- State v. BostonSupreme Court of Iowa · 1943
- McCandless v. CommonwealthCourt of Appeals of Kentucky · 1916
- State v. FloryWyoming Supreme Court · 1929
- People v. . HarrisNew York Court of Appeals · 1913
24 more not listed; retrieve them via the Exa API.