Legal Opinion

Kernan v. State

Court of Appeals of Maryland

Decided March 12, 1886PublishedCited by 16 opinions

Appeal from the Circuit Court for Anne Arundel County. Patrick Kernan was indicted in the Criminal Court of Baltimore for killing one Thomas Kernan. The prisoner pleaded “not guilty,” and upon his suggestion and affidavit, the case was removed for trial to the Circuit Court for Anne Arundel County.

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Appeal from the Circuit Court for Anne Arundel County. Patrick Kernan was indicted in the Criminal Court of Baltimore for killing one Thomas Kernan. The prisoner pleaded “not guilty,” and upon his suggestion and affidavit, the case was removed for trial to the Circuit Court for Anne Arundel County. Exception. — At the trial of the case, among other things, the State offered to prove by Edward J. Kernan, a son of the deceased Thomas Kernan, and by other witnesses, that on the night of the day mentioned in the indictment, and only about four or five minutes before the homicide, he, the said…

1Opinion of the CourtIrving, J.

• The sole exception in this case is to the admission of evidence showing what occurred at another saloon, a half square from the saloon where the homicide occurred, and only four or five minutes before the killing was done. The only question, therefore, is whether there was error in the admission of that evidence. If the evidence had been offered for the purpose of showing an assault upon another person át a different place and time, a different question would have been presented, and one on which there is conflict of authority, and upon which we do not feel called upon to pass in this case.…

2Cited by16 opinions

  1. Commonwealth v. StrantzSupreme Court of Pennsylvania · 1937
  2. Wood v. StateCourt of Appeals of Maryland · 1948
  3. Cothron v. StateCourt of Appeals of Maryland · 1921
  4. Ortiz v. StateSupreme Court of Florida · 1892
  5. Jones v. StateCourt of Appeals of Maryland · 1944

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