Brock v. Commonwealth
Court of Appeals of Kentucky
Case 35 — INDICTMENT— APPEAL PROM BELL CIRCUIT COURT. The dying declaration of the deceased should have been admitted as evidence for defendant. 1. The refusal of the court to grant a continuance did not prejudice the appellant as other witnesses testified to the facts which he claimed he could prove by the absent witness. 2. There was no error in the admission of evidence or in the instructions to the jury.
1Opinion of the Court
JUDGE BRYOR
delivered the opinion of the court.
The accused, Cale Brock, was indicted in the Bell Circuit Court for the killing of Michael Saylor and convicted, of manslaughter.
On his appeal we find a single error in the record that-necessitates a reversal. The deceased had originated a difficulty with some negroes, and a white man by the name of Doc Daniel seems to have interfered in behalf of the negroes and in such a manner .as to excite the anger of the deceased. Daniel, while sitting on the ground near where all the parties had assembled, was approached from behind by the deceased, struck…
2Cited by5 opinions
- Allen v. CommonwealthCourt of Appeals of Kentucky · 1909
- United States v. DeCarloUnited States Court of Military Appeals · 1951
- Douthitt v. CommonwealthCourt of Appeals of Kentucky · 1918
- Justice v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1937
- Ross v. CooperNorth Dakota Supreme Court · 1916