Craft v. Commonwealth
Court of Appeals of Kentucky
Case 65 — INDICTMENT APPEAL PROM BOYE CIRCUIT COURT. 1. When it became apparent that Ellis, by his own evidence, was an accomplice, there being no proof to sustain him as to the murder and the circumstances connected with it, the court should, even without a motion, have directed the jury to render a verdict of acquittal.
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Case 65 — INDICTMENT APPEAL PROM BOYE CIRCUIT COURT. 1. When it became apparent that Ellis, by his own evidence, was an accomplice, there being no proof to sustain him as to the murder and the circumstances connected with it, the court should, even without a motion, have directed the jury to render a verdict of acquittal. (Criminal Code, section 242.) : 2. The court erred in refusing to instruct the jury that a conviction cannot be had upon the testimony of an accomplice, unless his evidence is corroborated by other evidence connecting the defendant with the commission of the offense, and the…
1Opinion of the Court
JUDGE HINES
delivered the opinion op the court.
Appellant was indicted on the charge of murder, tried, ■ convicted, and sentenced to death. The conviction appears ■■to have been had principally upon the evidence of an accomplice, and the only question we need consider, precluding -no other, is whether the court properly instructed the jury.
Sections 241 and 242 of the Criminal Code are as follows:
"A conviction cannot be had upon the testimony of an -accomplice, unless corroborated by other evidence tending ’•to connect the .defendant with the commission of the offense; *351.and the corroboration is…
2Cited by15 opinions
- Patterson v. CommonwealthCourt of Appeals of Kentucky · 1887
- Williams v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1934
- State v. JarvisOregon Supreme Court · 1890
- Fox v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1933
- Patterson v. CommonwealthCourt of Appeals of Kentucky · 1887
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