Legal Opinion

Burkhart v. Commonwealth

Court of Appeals of Kentucky (pre-1976)

Decided October 26, 1943PublishedCited by 4 opinions

1Opinion of the Court

Opinion op the Court by

Judge Cammack

Affirming.

Leonard Burkhart and his brother, Arthur, were charged by the grand jury of Laurel County with the murder of Fred Hammons. Upon Leonard’s separate trial he was found guilty and his punishment fixed at 21 years in the penitentiary.

The points urged for reversal involve (1) the sufficiency of the evidence to sustain the verdict; (2) the phraseology of the indictment; and (3) the instructions.

The appellant shot Fred Hammons in Clay County near the Laurel County line. Hammons died shortly after he passed over into Laurel County on his way to obtain…

2Cases cited5 opinions

  1. Maggard v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1941
  2. Spencer v. CommonwealthCourt of Appeals of Kentucky · 1922
  3. Decker v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1939
  4. Rose v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1943
  5. Tackett v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1940

3Cited by4 opinions

  1. Uber v. Missouri Pacific Railroad CompanySupreme Court of Missouri · 1969
  2. Burks v. LeapSupreme Court of Missouri · 1967
  3. Twiehaus v. Wright CitySupreme Court of Missouri · 1967
  4. Vaccaro v. MossMissouri Court of Appeals · 1966

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