Montgomery v. Commonwealth
Court of Appeals of Kentucky
Case 80 —INDICTMENT— APPEAL FROM FRANKLIN CIRCUIT COURT. 1. In case of the plea of insanity the character and mental condition of the ancestors of the accused may be proved by hearsay, reputation and tradition.
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Case 80 —INDICTMENT— APPEAL FROM FRANKLIN CIRCUIT COURT. 1. In case of the plea of insanity the character and mental condition of the ancestors of the accused may be proved by hearsay, reputation and tradition. (Blaclcstone’s Com., vol. 3, p. 368; 'Wharton’s Criminal Evidence, sec. 232-3; Wharton’s Ev., vol. 1, sec. 190.) 2. The common knowledge of a practicing physician growing out of the usual experience in the profession, renders the practitioner competent to testify as an expert on the question of insanity. (Wharton’s Crim. Ev., sec. 408.; Tullís v. Kidd, 12 Ala., 648'.; Castner v.…
1Opinion of the Court
JUDGE BENNETT
delivered the opinion op the court.
The appellant was indicted in the Owen Circuit Court' for the murder of Miss lone Kitson. He obtained á change of venue to Eranklin county, in which he was tried and convicted of the crime charged, and his punishment was fixed at confinement in the penitentiary for life. Erom the judgment overruling his motion for a new trial he has appealed.
The evidence shows conclusively that the appellant, without any legal excuse or mitigating circumstances, whatever, shot and killed Miss lone Kitson, a young lady whose hand he had been seeking in marriage,…
2Cited by18 opinions
- Berry v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1929
- Banks v. CommonwealthCourt of Appeals of Kentucky · 1911
- Thomas v. CommonwealthCourt of Appeals of Kentucky · 1922
- Simpson v. GlennCourt of Appeals of Texas · 1976
- Pecos & Northern Texas Railway Co. v. CoffmanCourt of Appeals of Texas · 1909
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