Hargis v. Commonwealth
Court of Appeals of Kentucky
CASE 71. — PROSECUTION BY COMMONWEALTH OF BEACH HARGIS FOR MURDER. Appeal from Estill Circuit Court. J. P. Adams, Circuit Judge. Defendant convicted and appeals. POINTS AND AUTHORITIES. 1. It was error for the court to refuse to retire from the bench. Givens v. Crawshaw, (55 S. W., 905) 21 Ky. Law Rep., 1619; MaS^ sie v. Commonwealth, 93 Ky., 588; Powers v. Commonwealth, 114 Ky., 237; Ky. Journal Pub: Co. v. Gaines (116 S. W., 268) 33 Ky.
Read the full summary
CASE 71. — PROSECUTION BY COMMONWEALTH OF BEACH HARGIS FOR MURDER. Appeal from Estill Circuit Court. J. P. Adams, Circuit Judge. Defendant convicted and appeals. POINTS AND AUTHORITIES. 1. It was error for the court to refuse to retire from the bench. Givens v. Crawshaw, (55 S. W., 905) 21 Ky. Law Rep., 1619; MaS^ sie v. Commonwealth, 93 Ky., 588; Powers v. Commonwealth, 114 Ky., 237; Ky. Journal Pub: Co. v. Gaines (116 S. W., 268) 33 Ky. Law Rep. 402. 2. It was error for the court to grant, a change of venue in the ease or to preside in any way after the affidavit was filed. 3. It was the…
1Opinion of the Court
Opinion op ti-ie Court by
Judge Hobson
Affirming.
Beach Hargis shot and killed his father, James Hargis. ,He was indicted for murder, and on a trial before a jury was found guilty as charged; his punishment being fixed at confinement in the penitentiary for life. The court entered judgment on the verdict, and he appeals.
The first question arising on the appeal is in regard to the refusal of the regular circuit judge to vacate the bench. The affidavit filed by the defendant in support of his motion that the regular judge should retire from the bench, and that a special judge should be appointed,…
2Cases cited7 opinions
- German Insurance v. LandramCourt of Appeals of Kentucky · 1889
- Rutherford v. CommonwealthCourt of Appeals of Kentucky · 1880
- Howard v. CommonwealthCourt of Appeals of Kentucky · 1904
- Vance v. FieldCourt of Appeals of Kentucky · 1889
- White v. CommonwealthCourt of Appeals of Kentucky · 1907
2 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- Overstreet v. CommonwealthCourt of Appeals of Kentucky · 1912
- Shepherd v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1930
- Baker v. CommonwealthKentucky Supreme Court · 1984
- Renaker v. CommonwealthCourt of Appeals of Kentucky · 1916
- Adams v. GardnerCourt of Appeals of Kentucky · 1917
37 more not listed; retrieve them via the Exa API.