Brown v. Commonwealth
Court of Appeals of Kentucky
Case 43 — INDICTMENT APPEAL FROM GALLATIN CRIMINAL COURT. 1. The court permitted the jury to view the place where the homicide occurred, also, the residence of the accused, and how he escaped through the back part of it, etc., without placing the jury under the direction of some person appointed by the court, and without the presence of the accused, in violation of section 236 of the Criminal Code, and of section 12, article 13 of the constitution, which secures to the…
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Case 43 — INDICTMENT APPEAL FROM GALLATIN CRIMINAL COURT. 1. The court permitted the jury to view the place where the homicide occurred, also, the residence of the accused, and how he escaped through the back part of it, etc., without placing the jury under the direction of some person appointed by the court, and without the presence of the accused, in violation of section 236 of the Criminal Code, and of section 12, article 13 of the constitution, which secures to the prisoner the right “ to meet the witnesses face to face,” and because the jury thus received evidence out of court the…
1Opinion of the Court
JUDGE HINES
delivered the opinion op the court.
Appellant, charged with willful murder, was tried, convicted of voluntary manslaughter, and sentenced to the penitentiary for sixteen years, and from that judgment he appeals.
The substance of the proof is, that appellant tendered money and demanded a drink at the bar of one Jacob, and that Jacob and his bar-tender, Snyder, both refused to let appellant have any liquor, Snyder assigning as a reason that the father of appellant had so requested. Some harsh language passed between the parties, when appellant drew a pistol and snapped it at Jacob, and…
2Cases cited3 opinions
- Terrell v. CommonwealthCourt of Appeals of Kentucky · 1877
- Graham v. CommonwealthCourt of Appeals of Kentucky · 1855
- Hunt's Heirs v. HuntCourt of Appeals of Kentucky · 1843
3Cited by31 opinions
- Denning v. ButcherSupreme Court of Iowa · 1894
- State v. LewisNevada Supreme Court · 1889
- Moore v. CommonwealthCourt of Appeals of Kentucky · 1892
- Kaelin v. CommonwealthCourt of Appeals of Kentucky · 1886
- Maulding v. CommonwealthCourt of Appeals of Kentucky · 1916
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