Legal Opinion

Shepherd v. Commonwealth

Court of Appeals of Kentucky

Decided February 24, 1905PublishedCited by 23 opinions

Case 121 — Prosecution Against William Shepherd, for Murder. APPEAL FROM LETCHER CIRCUIT COURT'-M. J. MOSS, CIRCUIT JUDGE. Defendant Convicted and Appeals.

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Case 121 — Prosecution Against William Shepherd, for Murder. APPEAL FROM LETCHER CIRCUIT COURT'-M. J. MOSS, CIRCUIT JUDGE. Defendant Convicted and Appeals. Among the many errors committed by the court on the trial of this case, we desire to call special attention to some of them. 1. The court permitted the Commonwealth to prove that after the hilling of deceased and while appellant. was being taken to jail he said: “This makes three I have knocked,” and at another time, “Old Shep took it mighty cool.” 2. Also the Commonwealth was allowed to prove the character of appellant’s wife and her…

1Opinion of the Court

Opinion op the court by

JUDGE O’REAR

Reversing.

Appellant was convicted of the charge of murder, committed upon Eiley Webb. The defense was emotional insanity, and justifiable homicide under an apparent necessity. Appellant and liis wife bad become estranged and had temporarily separated about two years before the killing- of Webb. Appellant claims that the separation ivas because of Webb’s interference with the domestic relations of appellant and his wife. Just before the killing, appellant and his wife had agreed to be reconciled and to resume tlie married relation. *934For that purpose, appellant…

2Cases cited1 opinion

  1. Arnett v. CommonwealthCourt of Appeals of Kentucky · 1903

3Cited by23 opinions

  1. McCandless v. CommonwealthCourt of Appeals of Kentucky · 1916
  2. Shipp v. CommonwealthCourt of Appeals of Kentucky · 1907
  3. Romes v. CommonwealthCourt of Appeals of Kentucky · 1915
  4. Whisenhunt v. StateCourt of Criminal Appeals of Oklahoma · 1954
  5. Bryan v. CommonwealthSupreme Court of Virginia · 1921

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