Legal Opinion

Cornelius v. Commonwealth

Court of Appeals of Kentucky

Decided June 6, 1855PublishedCited by 10 opinions

Indictment. Case 4. APPEAL FROM CHRISTIAN CIRCUIT. Jesse Cornelius was indicted, tried, and found guilty of the murder of Albert G. Hopson, in the county of Christian, on the - day of July, 1854. The testimony showed that there had been two previous difficulties between the parties in the same week in which the killing took place, one on Wednesday the second on Thursday. The killing took place on Saturday.

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Indictment. Case 4. APPEAL FROM CHRISTIAN CIRCUIT. Jesse Cornelius was indicted, tried, and found guilty of the murder of Albert G. Hopson, in the county of Christian, on the - day of July, 1854. The testimony showed that there had been two previous difficulties between the parties in the same week in which the killing took place, one on Wednesday the second on Thursday. The killing took place on Saturday. The shooting took place in the village of Bainbridge, in which the accused resided, and from the upper part of a story-and-a-half-house in which the accused resided. In appeared in proof…

1Opinion of the Court

Judge Simpson

delivered the opinion of the court—

The appellant was indicted for murder and found guilty. A judgment of conviction can only be reversed for the following errors of- law to the defendant’s prejudice, appearing on-,.the record. (Code of Practice in Criminal cases, sec. 334.)

1. An error of the Circuit Court in admitting or rejecting important testimony.

2. An error in instructing or in refusing to instruct the jury.

3. An error in failing to arrest the judgment.

4. An error in allowing or disallowing a peremptory challenge.

No objection to any of the proceedings in the Circuit Court,…

2Cited by10 opinions

  1. State v. . BaldwinSupreme Court of North Carolina · 1911
  2. State v. . MintonSupreme Court of North Carolina · 1947
  3. Canada v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1932
  4. Drake v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1936
  5. Arthur v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1957

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