Omer v. Commonwealth
Court of Appeals of Kentucky
Case 62 — INDICTMENT APPEAL PROM UNION CIRCUIT COURT. L If illegal evidence prejudicial to the accused has been admitted over bis objection, this court will not speculate as to its effect on the jury, but reverse the case and order a new trial. (Ooppage v. Commonwealth, 3 Bush, 533; Kennedy v. Commonwealth, 14 Bush, 361 McGraw v. Commonwealth, 14 Ky. Law Kep., 344-5.) 2. The explanations of bystanders in the absence of the accused were not competent evidence against him.
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Case 62 — INDICTMENT APPEAL PROM UNION CIRCUIT COURT. L If illegal evidence prejudicial to the accused has been admitted over bis objection, this court will not speculate as to its effect on the jury, but reverse the case and order a new trial. (Ooppage v. Commonwealth, 3 Bush, 533; Kennedy v. Commonwealth, 14 Bush, 361 McGraw v. Commonwealth, 14 Ky. Law Kep., 344-5.) 2. The explanations of bystanders in the absence of the accused were not competent evidence against him. (Bradshaw v. Commonwealth, 10-Bush, 576; Werner v. Commonwealth, 80 Ky., 376.) 3. The testimony of Judge Flournoy as to the…
1Opinion of the Court
JUDGE HAZELRIGG
delivered the opinion op the court.
In tlie village of Sturgis, in Union County, at about ten o’clock at night, on the 4th day of April, 1893, Taylor Oliver and his wife, each well armed, entered the place of 'business of Henry Delaney, and demanded that he go at once with them and marry their daughter, Abide, whose ruin, they charged, he had accomplished. lie denied the charge, but upon being threatened with instant death he gave up his pistol and proceeded with the Olivers to a surrey a short distance away, in which the daughter was waiting. During this time some three or four…
2Cases cited1 opinion
- True v. CommonwealthCourt of Appeals of Kentucky · 1890
3Cited by12 opinions
- Levering v. CommonwealthCourt of Appeals of Kentucky · 1909
- Watkins v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1928
- Howard v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1928
- Landrum v. CommonwealthCourt of Appeals of Kentucky · 1906
- Schultz v. StateWisconsin Supreme Court · 1907
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