Allen v. Commonwealth
Court of Appeals of Kentucky
CASE 18. — PROSECUTION BY THE COMMONWEALTH AGAINST AMELIA ALLEN FOR MURDER. — Appeal from Breathitt Circuit Court. Defendant convicted of murder and appeals. — AUTHORITIES CITED. 1. Continuance and Affidavit. — Petit v. Commonwealth, 15 S. W. 1059; Rotoenson v. Commonwealth, 68 S. iWl. 1099; Crim.
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CASE 18. — PROSECUTION BY THE COMMONWEALTH AGAINST AMELIA ALLEN FOR MURDER. — Appeal from Breathitt Circuit Court. Defendant convicted of murder and appeals. — AUTHORITIES CITED. 1. Continuance and Affidavit. — Petit v. Commonwealth, 15 S. W. 1059; Rotoenson v. Commonwealth, 68 S. iWl. 1099; Crim. Code, Sec. 189; Hensley v. Commonwealth, 74 S. W. 677. 2. Dying Declarations. — Haines v. Commonwealth, 13 S. W. 445 Saylor v. Commonwealth, 30 S. W. 390; Blyew v. Commonwealth', 15 S. W. 356. 3. Confession — Young v. Commonwealth, 76 Ky. 366, 80 Ky. 323, 59 Ky. 387, 92 Ky. 283, 42 S'. Wl 1125. 4.…
1Opinion of the Court
Opinion op the court by
Judge Hobson
— Reversing.
Amelia Allen and bier husband, Theodore Allen, were jointly indicted in the Breathitt circuit court for the murder of Fanny Tntt; it heing charged in the indictmenUthat Amelia Allen shot Mrs. Tntt, and that her husband was present aiding, counseling, and inciting her to do the shooting. The indictment was found on February 15, 1909. The defendants were arraigned for trial on February 19th. They demanded a separate trial, and the commonwealth elected to try the wife first. Thereupon she filed an affidavit for a continuance. The court overruled her…
2Cases cited5 opinions
- Carver v. United StatesSupreme Court of the United States · 1897
- State v. MayoWashington Supreme Court · 1906
- White v. CommonwealthCourt of Appeals of Kentucky · 1882
- Leonard v. EnochsCourt of Appeals of Kentucky · 1891
- Brock v. CommonwealthCourt of Appeals of Kentucky · 1891
3Cited by18 opinions
- United States v. James A. LewisCourt of Appeals for the D.C. Circuit · 1973
- State v. TurnbowNew Mexico Supreme Court · 1960
- Shell v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1932
- Hill v. CommonwealthCourt of Appeals of Kentucky · 1921
- Combs v. CommonwealthCourt of Appeals of Kentucky · 1914
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