Garrison v. Commonwealth
Court of Appeals of Kentucky
CASE 100. — PROSECUTION AGAINST NICHOLAS GARRISON FOR MURDER. — May 15. Appeal from. Leslie Circuit Court. H. C. FaulkNer, Circuit Judge. Defendant convicted and appeals.
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CASE 100. — PROSECUTION AGAINST NICHOLAS GARRISON FOR MURDER. — May 15. Appeal from. Leslie Circuit Court. H. C. FaulkNer, Circuit Judge. Defendant convicted and appeals. I. Where a witness does not testify to any fact prejudicial to the party calling her, simply failing to prove facts, which if proven, would he to the advantage of the party, it is error to permit the party that- introduces the witness to call .another, for the purpose of proving that she has made statements, when not under oath, differing from her present testimony. AUTHORITIES CITED. Champ v. Commonwealth, 2 Met., 22, et…
1Opinion of the Court
OPINION op the Court by
Ohiee Justice Hobson
Affirming.
On July 29, 1905, Felix Hoskins came on horseback to tine house of Elihu Garrison, his uncle and the father of the appellant, Nicholas Garrison. There had been some litigation between Felix Hoskins- and Elihu Garrison in the Leslie quarterly court over a promissory note, in which Hoskins pleaded non est factum, charging that the note which Garrison sued on was a fgrgery. When Hoskins rode up, without dismounting, he entered into a conversation with Martha Garrison, the mother of Nicholas. Shortly after this Nicholas Garrison came to- the…
2Cases cited3 opinions
- Champ v. CommonwealthCourt of Appeals of Kentucky · 1859
- Kennedy v. CommonwealthCourt of Appeals of Kentucky · 1878
- Loving v. CommonwealthCourt of Appeals of Kentucky · 1882
3Cited by3 opinions
- Couch v. CommonwealthCourt of Appeals of Kentucky · 1924
- Commonwealth v. StrunkCourt of Appeals of Kentucky · 1956
- Nash v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1931