Wilkerson v. Commonwealth
Court of Appeals of Kentucky
Case 5 —INDICTMENT— APPEAL FROM ALLEN CIRCUIT COURT. On an application by the accused for a change of venue, it is not neces-, sary to accompany the application with the affidavits of two credible witnesses to the effect that the accused can not have an impartial trial. (Gen. Stat., chapter 12, article 4, section 1, Johnson v. Commonwealth, 82 Iiy., 119.)
1Opinion of the Court
JUDGE HOLT
delivered the opinion oe the court.
The appellant, Monroe Wilkerson, is under sentence of death for the killing of Berry Manion.
The deed was unprovoked and without excuse. The accused went to a Sunday-school exhibition intoxicated, and was there guilty of boisterous and bad conduct. The deceased reproved him for it, and tried, "by words, to quiet him. He, however, persisted, and the deceased then threatened to go after an officer and have him- arrested if he did not behave. This he failed to do, and upon Manion starting after the officer the.accused shot him in the back and killed…
2Cited by19 opinions
- State v. HastySupreme Court of Iowa · 1903
- Heck v. CommonwealthCourt of Appeals of Kentucky · 1915
- Shipp v. CommonwealthCourt of Appeals of Kentucky · 1907
- Terhune v. CommonwealthCourt of Appeals of Kentucky · 1911
- Arnold v. CommonwealthCourt of Appeals of Kentucky · 1922
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