Legal Opinion

Bess v. Commonwealth

Court of Appeals of Kentucky

Decided December 2, 1903PublishedCited by 12 opinions

Case 100 — Indictment against J. W. Bess fob Muedeb. APPEAL EBOM PAYETTE CIRCUIT COURT. Defendant Convicted oe Mueder and Appeals.

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Case 100 — Indictment against J. W. Bess fob Muedeb. APPEAL EBOM PAYETTE CIRCUIT COURT. Defendant Convicted oe Mueder and Appeals. On the trial of this case we complain of the following errors to appellant’s prejudice: 1. On December 23, 1902, deceased had taken a policy of insurance on her house for $225. The house was burned January 20, 1903. Evidence was admitted that prior to the fire, appellant, in the night time removed from the house nearly all the furniture, 'and tried, as agent for deceased, to collect the insurance money, but the company refused to pay him, but paid the deceased,…

1Opinion of the Court

Opinion of the court by

JUDGE SETTLE

Reversing.

The appellant, J. W. Bess, having been tried, convicted, and given the death penalty in the Fayette circuit court, under an indictment charging him with the murder of Martha McQuin Martin, by th.is appeal seeks a reversal of the judgment of conviction.

His motion for a new trial, which was overruled by the lower court, contains four grounds, viz.: First, that the court misinstructed, and refused to properly instruct, the jury; second, that the court admitted incompetent evidence, and rejected competent evidence; third, that the verdict is against…

2Cases cited2 opinions

  1. O'Brien v. CommonwealthCourt of Appeals of Kentucky · 1889
  2. O'Brien v. CommonwealthCourt of Appeals of Kentucky · 1903

3Cited by12 opinions

  1. Morse v. CommonwealthCourt of Appeals of Kentucky · 1908
  2. Frasure v. CommonwealthCourt of Appeals of Kentucky · 1916
  3. Denham v. CommonwealthCourt of Appeals of Kentucky · 1905
  4. Fry v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1935
  5. McElwain v. CommonwealthCourt of Appeals of Kentucky · 1912

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