Brady v. Commonwealth
Court of Appeals of Kentucky
Case 11 — INDICTMENT APPEAL PROM FAYETTE CIRCUIT COURT. CITED 1 Starkie on Ev. 514. 1 Bishop’s Grim. Pro. sec. 1071 and note. 2 Sumner, 27, U. S. v. Gilbert. 5 Cushing, 535, Webster case. 3 Greenleaf on Ev. sec. 137. 25 Miss. 584, Algheri v. State. 27 Ala. 20, Mickle v. State. 30 Vermont, 377, State v. Davidson. CITED 27 Ala. 21, Mickle v. State. 3 Bush, 117, Sparks v. Commonwealth.
1Opinion
To THE PETITION OF COUNSEL FOR APPELLANT FOR A REHEARING Judge Cofer delivered the following response of the COURT.
We have carefully read and considered the able and earnest petition of counsel for the appellant for a rehearing of this cause, but after a re-examination of the record and opinion have seen no reason for changing the opinion already rendered.
In cases like this, having no jurisdiction to reverse for error in the finding on the facts, or in refusing to grant a new trial, we can not look into the evidence except for the purpose of seeing whether the instructions were correct in…
2Cases cited2 opinions
- Higgs v. WilsonCourt of Appeals of Kentucky · 1860
- Howard v. CokeCourt of Appeals of Kentucky · 1847