Kaelin v. Commonwealth
Court of Appeals of Kentucky
Case 50 — INDICTMENT APPEAL PROM JEPPERSON CIRCUIT COURT. 1. Inheritance is the most frequent cause of insanity, and the proof in this ease shows beyond contradiction that insanity is hereditary in appellant’s family. (Practice of Medicine by Professor G. B. Wood, vol. 2, p. 672; 1 Warton & Stilles’ Medical Jurisprudence, secs. 366 and 367.) 2. It was error to refuse to allow appellant to take the depositions of witnesses in Switzerland to prove insanity.
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Case 50 — INDICTMENT APPEAL PROM JEPPERSON CIRCUIT COURT. 1. Inheritance is the most frequent cause of insanity, and the proof in this ease shows beyond contradiction that insanity is hereditary in appellant’s family. (Practice of Medicine by Professor G. B. Wood, vol. 2, p. 672; 1 Warton & Stilles’ Medical Jurisprudence, secs. 366 and 367.) 2. It was error to refuse to allow appellant to take the depositions of witnesses in Switzerland to prove insanity. There is no reason that, forbids the' taking of depositions on behalf of the defendant in a criminal case. (Greenleaf on Evidence, vol. 1,…
1Opinion of the Court
JUDGE BENNETT
delivered the opinion op the court.
Tlie appellant, Michael Kaelin, was indicted by the grand jury of Jefferson county for the murder of his wife, Caroline Kaelin.
*356The trial jury in the Jefferson Circuit Court found him guilty of said charge, and fixed his punishment at death. His motion for a new trial having been overruled, and sentence of death having been pronounced upon him, he appeals to this court.
He complains, first, that the lower court erred in overruling his demurrer to the indictment because of its insufficiency in law.
So much of the indictment as is material to the…
2Cases cited9 opinions
- Brown v. CommonwealthCourt of Appeals of Kentucky · 1878
- State v. WilliamsSupreme Court of Missouri · 1860
- Bradshaw v. CommonwealthCourt of Appeals of Kentucky · 1874
- State v. DeffenbacherSupreme Court of Missouri · 1872
- Eaton v. VaughanSupreme Court of Missouri · 1846
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3Cited by38 opinions
- Moore v. CommonwealthCourt of Appeals of Kentucky · 1892
- Cline v. StateCourt of Criminal Appeals of Texas · 1896
- Hayden v. CommonwealthCourt of Appeals of Kentucky · 1910
- Hoskins v. CommonwealthCourt of Appeals of Kentucky · 1913
- Indianapolis Street Railway Co. v. TaylorIndiana Supreme Court · 1905
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