Bush v. Commonwealth

JUDGE HINES

delivered the opinion of the court.

This is an appeal from a conviction and sentence of death on an indictment charging murder. On a former appeal from a like sentence the case was reversed because of im- ( proper instructions. (78 Kentucky, 268.) On this appeal-, the complaint is—

First. That the court below had no jurisdiction to try the cause, because it had been transferred to the circuit court of the United States;

*245Second. That the instructions given in the case did not ■conform to the law as laid down by this court on the former ¿appeal;

Third. That improper testimony was allowed…