Fueston v. Commonwealth
Court of Appeals of Kentucky
Case 41 — INDICTMENT— APPEAL PROM LAUREL CIRCUIT COURT. 1. The statement of Johnson, the grand juror, that the witness, Jackson, swore before the grand jury that he saw defendant shoot deceased was not in contradiction of Jackson, and was, therefore, not competent evidence.
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Case 41 — INDICTMENT— APPEAL PROM LAUREL CIRCUIT COURT. 1. The statement of Johnson, the grand juror, that the witness, Jackson, swore before the grand jury that he saw defendant shoot deceased was not in contradiction of Jackson, and was, therefore, not competent evidence. (Crittenden v. Commonwealth, 82 Ky., 164; Loving v. Commonwealth, 80 Ky., 507; Kennedy’s case, 14 Bnsh, 858.) 2. The many and lengthy instructions wore calculated to mislead the jury, and the court should, on that account, reverse. (9 Bush, 14.) 3. It was the duty of the court to give to the jury the whole law of the case.…
1Opinion of the CourtChief Justice Holt
In a desperate conflict between several of the Fuestons and Partons upon the one side, and several of the Lawsons and Roses upon the other, John and Ewell Lawson and James Fueston were killed, and several others wounded. The weapons used were pistols, and many shots were exchanged. The testimony, as might well be expected, is very conflicting. The appellant, Beth Fueston, was jointly indicted for murder with seven others, for the killing of John Lawson, the deceased having also'taken part in the difficulty.
' James Fueston, who was killed, was a son of the appellant. The latter has been…
2Cited by14 opinions
- Johnston v. CommonwealthCourt of Appeals of Kentucky · 1916
- Day v. CommonwealthCourt of Appeals of Kentucky · 1917
- Ochsner v. CommonwealthCourt of Appeals of Kentucky · 1908
- Hayes v. CommonwealthCourt of Appeals of Kentucky · 1916
- Owen v. CommonwealthCourt of Appeals of Kentucky · 1918
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