Commonwealth v. Matthews
Court of Appeals of Kentucky
Case 46 — APPEAL PROM HENDERSON CIRCUIT COURT. 1. In felony cases the Commonwealth may appeal from a ruling of the lower court, whether final or not. (Criminal Code, section 335; Commonwealth v. Cain, 14 Bush, 525.) '2. It was competent for the Commonwealth to prove the threat of defendant, that he intended to kill his man soon. Such a threat may be proved, although it does not designate any person.
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Case 46 — APPEAL PROM HENDERSON CIRCUIT COURT. 1. In felony cases the Commonwealth may appeal from a ruling of the lower court, whether final or not. (Criminal Code, section 335; Commonwealth v. Cain, 14 Bush, 525.) '2. It was competent for the Commonwealth to prove the threat of defendant, that he intended to kill his man soon. Such a threat may be proved, although it does not designate any person. (Burrill’s Circumstantial Evidence, p. 339, 2d ed.; Hopkins v. Commonwealth,-50 Penn. St., 9; Dixon v. State, 13 Ela., 636; 1 Green’s Crim. Rep., 687; Commonwealth v. Shaw, 111 Mass., 411; Johnson…
1Opinion of the Court
JUDGE HOLT
delivered the orinion of the court.
William Matthews was tried upon the charge oí manslaughter for killing Henry Alves by shooting *289him. The jury failing to agree, were discharged, and there has never been any final disposition of the case. During the progress of the trial the Commonwealth excepted to certain decisions of the court upon legal points, and by this appeal questions their correctness. Its right to appeal in the absence of any final judgment is the first and principal question presented.
It is claimed that the statute gives the right, and for the reason that the law may not…
2Cases cited4 opinions
- Peoples v. CommonwealthCourt of Appeals of Kentucky · 1888
- Commonwealth v. CainCourt of Appeals of Kentucky · 1879
- York v. CommonwealthCourt of Appeals of Kentucky · 1884
- Chrystal v. CommonwealthCourt of Appeals of Kentucky · 1873
3Cited by45 opinions
- State v. TeeterNevada Supreme Court · 1948
- Allen v. CommonwealthCourt of Appeals of Kentucky · 1916
- Stewart v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1930
- Postell v. CommonwealthCourt of Appeals of Kentucky · 1917
- State v. RobertsNevada Supreme Court · 1905
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