Brooks v. Commonwealth
Court of Appeals of Kentucky
Case 32 —INDICTMENT APPEAL PROM MORGAN CIRCUIT COURT. 1. Under the circumstance in this case a continuance should have been granted.
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Case 32 —INDICTMENT APPEAL PROM MORGAN CIRCUIT COURT. 1. Under the circumstance in this case a continuance should have been granted. It was within the discretion of the trial court to have done so, under the provisions of section 185 of the Criminal Code, and his refusal to do so, in this case, was an abuse of that discretion. 2. The statements of the appellant made just prior to the killing, which were permitted to be given in evidence as general threats, where nothing ¡more than the idle assertions of a drunken man, in no way connected with or directed at the deceased. The admission of this…
1Opinion of the Court
JUDGE LANDES
delivered the opiotok oe the court;
The appellant- was indicted by tbe grand jury of Morgan county for the murder of Gus- McKenzie, and upon trial was found and adjudged guilty as charged, and is now under sentence of death therefor. A motion for a new trial having been made and overruled, this appeal is prosecuted from that judgment.
The killing occurred in the town of West Liberty on the first day of the June term, 1896, of the Morgan Circuit Court, about one hour before sunset. The appellant was promptly arrested and imprisoned, and by about 10 o’clock a. m. of the next day the…
2Cases cited3 opinions
- Hodge v. StateSupreme Court of Florida · 1890
- Sparks v. CommonwealthCourt of Appeals of Kentucky · 1885
- State v. KingMontana Supreme Court · 1890
3Cited by17 opinions
- State v. VanceWashington Supreme Court · 1902
- Ellis v. CommonwealthCourt of Appeals of Kentucky · 1912
- Sherroan v. CommonwealthKentucky Supreme Court · 2004
- Gillis v. CommonwealthCourt of Appeals of Kentucky · 1924
- Combs v. CommonwealthCourt of Appeals of Kentucky · 1914
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