Legal Opinion

Nichols v. Commonwealth

Court of Appeals of Kentucky

Decided December 9, 1875PublishedCited by 15 opinions

Case 55 — INDICTMENT, MURDEIU APPEAL FROM BOYLE CIRCUIT COURT. CITED Criminal Code, secs. 189, 190. Constitution of Ky., Bill of Bights, sec. 12. . Civil Code, sec. 345. Wharton, sec. 932. 1 Starkie, part 3, sec. 15; lb., part 4, “Admissions.” 9 Bush, 676, Bush v. Groom. 7 Bush, 320, Blimm v. Commonwealth. 8 Bush, 463, Shannahan v. Commonwealth. 7 Bush, 679, Donellan v. Commonwealth.

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Case 55 — INDICTMENT, MURDEIU APPEAL FROM BOYLE CIRCUIT COURT. CITED Criminal Code, secs. 189, 190. Constitution of Ky., Bill of Bights, sec. 12. . Civil Code, sec. 345. Wharton, sec. 932. 1 Starkie, part 3, sec. 15; lb., part 4, “Admissions.” 9 Bush, 676, Bush v. Groom. 7 Bush, 320, Blimm v. Commonwealth. 8 Bush, 463, Shannahan v. Commonwealth. 7 Bush, 679, Donellan v. Commonwealth. CITED Criminal Code, secs. 189, 190, 242, 243. 7 Bush, 320, Blimm v. Commonwealth. 2 Met. 2, Tyra v. Commonwealth. 2 Met. 30, Jane v. Commonwealth. 8 Bush, 464, Shannahan v. Commonwealth.

1Opinion of the Court

JUDGE COFER

delivered the opinion oe the court.

Having been sentenced to be hanged for the murder ofWilliam Peach, the appellant has appealed to this court to obtain a reversal of that judgment.

The grounds relied on will be noticed in the order in which they are presented in the brief of the appellant’s counsel.

1. The appellant filed an affidavit and moved to continue the prosecution on account of the absence of P. B. Thompson, jr., and Dr. T. T. Smith, alleged to be important witnesses for him.

*578He stated that he could prove by the former that just previous to the difficulty, and within three…

2Cases cited2 opinions

  1. Shannahan v. CommonwealthCourt of Appeals of Kentucky · 1871
  2. Blimm v. CommonwealthCourt of Appeals of Kentucky · 1870

3Cited by15 opinions

  1. Johnson v. StateWisconsin Supreme Court · 1906
  2. People v. BruggyCalifornia Supreme Court · 1892
  3. Brown v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1928
  4. Bishop v. CommonwealthCourt of Appeals of Kentucky · 1901
  5. Turner v. CommonwealthCourt of Appeals of Kentucky · 1915

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