Legal Opinion

Starr v. Commonwealth

Court of Appeals of Kentucky

Decided March 29, 1895PublishedCited by 17 opinions

Case 33 — INDICTMENT APPEAL from MARTIN CIROT'IT COURT. 1. Two of the jurors were legally disqualified, they being indicted v^for crime at the time they were accepted as jurors. (HendersdiKY. Bradshaw, 4 Bibb, 45; Dana, 203; 1 B. Mon., 214.) 2. The court; ghould swear the sheriff .to keep the jury together, &c., before they should be permitted to retire, which the court did not do in this 'Gase.

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Case 33 — INDICTMENT APPEAL from MARTIN CIROT'IT COURT. 1. Two of the jurors were legally disqualified, they being indicted v^for crime at the time they were accepted as jurors. (HendersdiKY. Bradshaw, 4 Bibb, 45; Dana, 203; 1 B. Mon., 214.) 2. The court; ghould swear the sheriff .to keep the jury together, &c., before they should be permitted to retire, which the court did not do in this 'Gase. (Criminal Code, sec. 245.) 3. Dying declarations to be competent must be made in extremis, must be a part of the res yeslae, and must undertake to detail the facts and circumstances of the killing. (9…

1Opinion of the Court

JUDGE HAZELRIGG

delivered tiie opinion oe the court.

William Starr, a constable of Martin county, was tried and convicted of manslaughter under an indictment charging him and one Underwood, the police judge of Eden, the county seat of that county, with the murder of John James. On appeal from the judgment of conviction he complains of numerous errors. We shall notice only such as appear to be of a serious nature. The deceased was drinking heavily and on the night of the killing was boisterous and quarrelsome. While passing through the streets of the village, and in the hearing of all, he amused…

2Cases cited4 opinions

  1. Collins v. CommonwealthCourt of Appeals of Kentucky · 1876
  2. Leiber v. CommonwealthCourt of Appeals of Kentucky · 1872
  3. Williams v. CommonwealthCourt of Appeals of Kentucky · 1890
  4. Vaughan v. CommonwealthCourt of Appeals of Kentucky · 1887

3Cited by17 opinions

  1. Allen v. CommonwealthCourt of Appeals of Kentucky · 1916
  2. Stewart v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1930
  3. Bilton v. TerritoryCourt of Criminal Appeals of Oklahoma · 1909
  4. Postell v. CommonwealthCourt of Appeals of Kentucky · 1917
  5. Pendleton v. CommonwealthSupreme Court of Virginia · 1921

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