Legal Opinion

Payne v. Commonwealth

Court of Appeals of Kentucky

Decided January 26, 1858PublishedCited by 54 opinions

CASE 3 — INDICTMENT APPEAL FROM FAYETTE CIRCUIT COURT. The facts are sufficiently stated in the opinion of the court. 1. It was competent for the defendant to show that the deceased was a man of violent, cruel, and blood-thirsty temper and disposition, and that he habitually carried concealed deadly weapons upon his person, together with the defendant’s knowledge of it, and of the previous threats made by the deceased.

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CASE 3 — INDICTMENT APPEAL FROM FAYETTE CIRCUIT COURT. The facts are sufficiently stated in the opinion of the court. 1. It was competent for the defendant to show that the deceased was a man of violent, cruel, and blood-thirsty temper and disposition, and that he habitually carried concealed deadly weapons upon his person, together with the defendant’s knowledge of it, and of the previous threats made by the deceased. (Rapp vs. Commonwealth, 14 B. Mon., 614; Meredith vs. Commonwealth, 18 B. Mon., 49; Cornelius vs. Commonwealth, 15 B. Mon., 546; Pritchett vs. The State, 22 Alabama Rep., 39;…

1Opinion of the Court

JUDGE DUVALL

delivered the opinion oe the court:

This was an indictment against Darwin Payne, charging him with the murder of John White. By the verdict of the jury, he was found guilty of manslaughter, and a motion for a new trial having been overruled, the court rendered judgment by which the prisoner was sentenced, in conformity with the verdict, to be confined in the penitentiary for a period of six years.

Payne has prosecuted this appeal, and seeks ai’eversal of the judgment of conviction upon two grounds

*3741. An error of tbe circuit court in rejecting important evidence ; and

2. An error in…

2Cases cited1 opinion

  1. Graham v. CommonwealthCourt of Appeals of Kentucky · 1855

3Cited by54 opinions

  1. Palmore v. StateSupreme Court of Arkansas · 1874
  2. Lovejoy v. LovettMassachusetts Supreme Judicial Court · 1878
  3. New York Central Railroad v. StonemanMassachusetts Supreme Judicial Court · 1919
  4. Temple v. BensonMassachusetts Supreme Judicial Court · 1912
  5. Crocker v. CottingMassachusetts Supreme Judicial Court · 1896

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