Legal Opinion

Commonwealth v. McGuire

Court of Appeals of Kentucky

Decided April 17, 1886PublishedCited by 5 opinions

Case 9 — INDICTMENT APPEAL FROM JEFFERSON CIRCUIT COURT. 1. In order to disqualify a witness by reason of his conviction of crime the record of conviction must be produced. (Greenleaf on Evidence, volume 1, page 524.) 2. A person is not disqualified as a witness by reason of having been convicted of grand larceny.

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Case 9 — INDICTMENT APPEAL FROM JEFFERSON CIRCUIT COURT. 1. In order to disqualify a witness by reason of his conviction of crime the record of conviction must be produced. (Greenleaf on Evidence, volume 1, page 524.) 2. A person is not disqualified as a witness by reason of having been convicted of grand larceny. (Greenleaf on Evidence, volume 1, page 526; Revised Statutes, volume 1, page 385; Ibid., volume 2, chapter 107, section 5, page 471; General Statutes, chapter 29, article 8, section 8, page 330; Civil Code, section 606.)

1Opinion of the Court

JUDGE LEWIS

delivered the opinion of the court.

The only question involved in this appeal by the Commonwealth is, whether a person who has been tried and convicted in this State of the crime of grand larceny, and never pardoned by the Governor, is a competent witness.

By section 5, chapter 107, volume 2, Revised Statutes, title “Witnesses,” it was provided as follows:

“Except where it is otherwise expressly provided, *58no person who has been or shall be convicted of felony anywhere within the United States, shall be competent as a witness in any case unless he has been pardoned; nor shall a person…

2Cited by5 opinions

  1. Billings v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1928
  2. Commonwealth v. MinorCourt of Appeals of Kentucky · 1890
  3. Hancock v. ParkerCourt of Appeals of Kentucky · 1896
  4. Wireman v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1937
  5. Bowman v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1939

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