Legal Opinion

Owsley v. Commonwealth

Court of Appeals of Kentucky

Decided April 18, 1907PublishedCited by 3 opinions

CASE 44. — PROSECUTION AGAINST TOM OWSLEY FOR ARSON. Appeal from Lincoln. Circuit Court. W. C. Bell, Circuit Judge. Defendant convicted and appeals. 1 On the trial of an infant 31% years of age for the crime of arson, proof of an alleged confession should not be admitted where the circumstances indicate it was made under duress or fear. 2. In the absence of proof that an infant, under 14 years of age, knew that the offense with which he was being tried was wrong, a…

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CASE 44. — PROSECUTION AGAINST TOM OWSLEY FOR ARSON. Appeal from Lincoln. Circuit Court. W. C. Bell, Circuit Judge. Defendant convicted and appeals. 1 On the trial of an infant 31% years of age for the crime of arson, proof of an alleged confession should not be admitted where the circumstances indicate it was made under duress or fear. 2. In the absence of proof that an infant, under 14 years of age, knew that the offense with which he was being tried was wrong, a peremptory instruction should be given to jury to find him not guilty. 3. Under the Act of the Kentucky Legislature of 1906…

1Opinion of the Court

Opinion op the Court by

John D. Carroll, Commissioner

Reversing

Under an indictment charging,him. with the common *386law offense of arson, appellant was put upon his trial and found guilty; his punishment being fixed at five years’ imprisonment in the State penitentiary.

Except for a confession proven to have been made by appellant, it is doubtful if the jury would have found him guilty, although there is other evidence tending to show his connection with the crime, and we do not adjudge that it was not sufficient to warrant his conyiction. It therefore becomes important to determine whether or not…

2Cases cited1 opinion

  1. Heilman v. CommonwealthCourt of Appeals of Kentucky · 1886

3Cited by3 opinions

  1. Thomas v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1945
  2. Sutton v. CommonwealthCourt of Appeals of Kentucky · 1925
  3. Nickels v. StateSupreme Court of Florida · 1925

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