Walston v. Commonwealth
Court of Appeals of Kentucky
APPEAL FROM ANDERSON CIRCUIT. The facts of the case are stated in the opinion of the Court. On the trial of this case, in the court below, two questions arose which it is believed were decided erroneously, and to the prejudice of the appellant.
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APPEAL FROM ANDERSON CIRCUIT. The facts of the case are stated in the opinion of the Court. On the trial of this case, in the court below, two questions arose which it is believed were decided erroneously, and to the prejudice of the appellant. First, as to the right of the Commonwealth to three peremptory challenges, which was allowed ; Second, the right of the appellant to have the regular panel of jurors exhausted, before calling by-standers — which was denied by the Court. It was supposed by the Attorney for the Commonwealth, and so decided by the Court, that the Code of Practice in…
1Opinion of the Court
Judge Simpson
delivered the opinion of the Court.
At the July term, 1852, of the Franklin Circuit Court, the appellant was indicted for the murder of Jeptha Montgomery. The prosecution having been transmitted to the Anderson Circuit Court, by change of venue, a trial was there had at the last April term of that court, when he was convicted of voluntary manslaughter, and sentenced to confinement in the penitentiary for the period of two years.
The prisoner has appealed to this court, and the matters relied upon to reverse the judgment, are:
1. The dying declarations of a person who is wounded, is…
2Cases cited1 opinion
- United States v. MarchantSupreme Court of the United States · 1827
3Cited by11 opinions
- Gibson v. MississippiSupreme Court of the United States · 1896
- Baker v. CommonwealthCourt of Appeals of Kentucky · 1899
- Tibbs v. CommonwealthCourt of Appeals of Kentucky · 1910
- Beebe v. BirkettMichigan Supreme Court · 1896
- Schaefer v. CommonwealthKentucky Supreme Court · 1981
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