Davis v. Commonwealth
Court of Appeals of Kentucky
Cask 4 — INDICTMENT APPEAL PROM LAWRENCE CIRCUIT COURT. 1. Any testimony tending to show that a person other than the accused committed the crime is competent.
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Cask 4 — INDICTMENT APPEAL PROM LAWRENCE CIRCUIT COURT. 1. Any testimony tending to show that a person other than the accused committed the crime is competent. Therefore the dying confession of Granville Pearl should have been admitted. 2. It was error to allow the Commonwealth to impeach the defendant’ witnesses by showing their reputation three or four years before the trial. 1. An. admission or confession to be competent as evidence must be that of a party in interest or of a party accused of crime. (Stephen’s Digest of Evidence, part 1, chap. 4, arts. 20, 21, 22; 1 Greenleaf on Evidence,…
1Opinion of the CourtChief Justice Bennett
The appellant having been convicted of the crime of murdering Yiona Pack by the Lawrence Circuit Court, he appeals and complains as follows: Eirst, that the court erred in not allowing him to prove by G. W. Miller that Granville Pearl confessed to him on his death-bed that he, Pearl, killed Yiona Pack. It seems to us that admissions and confessions as to competency stand upon the same footing. Admissions can not be used in evidence, except against the person making them in an issue between him and another person, wherein the truth of the admissions is involved, or against his privies claiming…
2Cited by17 opinions
- Weber v. Chicago, Rock Island & Pacific RailroadSupreme Court of Iowa · 1915
- Crawley v. CommonwealthKentucky Supreme Court · 1978
- Shell v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1932
- Cavanaugh v. CommonwealthCourt of Appeals of Kentucky · 1916
- State v. MacUmberArizona Supreme Court · 1976
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