Legal Opinion

Leach v. Commonwealth

Court of Appeals of Kentucky

Decided September 29, 1908PublishedCited by 17 opinions

CASE 54. — PROSECUTION AGAINST THOMAS LEACH FOR MURDER. — -September 30. Appeal from Scott Circuit Court. R. L. Stout, Circuit Judge. Defendant convicted and appeals — We think first that the defendant’s case was prejudiced by the refusal to admit the testimony as to the relations between the Clark woman and Gayle.

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CASE 54. — PROSECUTION AGAINST THOMAS LEACH FOR MURDER. — -September 30. Appeal from Scott Circuit Court. R. L. Stout, Circuit Judge. Defendant convicted and appeals — We think first that the defendant’s case was prejudiced by the refusal to admit the testimony as to the relations between the Clark woman and Gayle. She was the chief witness against the accused, and it was of the utmost importance that all the points bearing on the improbability of her not telling the truth should be shown. Second, we think that no testimony, or instructions as to insanity should have been admitted, as this…

1Opinion of the Court

*500Opinion op the Court by

Judge Carroll —

Affirming.

Under an indictment charging him with the murder of C. W. Gayle, the appellant was convicted. The-jury fixed his punishment at imprisonment for life in the State penitentiary. Prom a judgment entered on the verdict, he prosecutes this appeal.

The deceased and appellant were close neighbors;, the houses they respectively lived in not being over 100 yards apart. There are many facts testified to showing that they were good friends, and a few hours-before the killing they were together.engaged in social conversation and arranging or settling some…

2Cases cited10 opinions

  1. Wright v. CommonwealthCourt of Appeals of Kentucky · 1887
  2. Saylor v. CommonwealthCourt of Appeals of Kentucky · 1895
  3. Utterback v. CommonwealthCourt of Appeals of Kentucky · 1899
  4. Louisville, Cincinnati & Lexington Railroad v. SullivanCourt of Appeals of Kentucky · 1884
  5. Nichols v. CommonwealthCourt of Appeals of Kentucky · 1875

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3Cited by17 opinions

  1. State v. SorrentinoWyoming Supreme Court · 1924
  2. Moore v. CommonwealthKentucky Supreme Court · 1982
  3. Commonwealth v. JacksonCourt of Appeals of Kentucky (pre-1976) · 1955
  4. Rasnake v. CommonwealthSupreme Court of Virginia · 1923
  5. Parsley v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1957

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