Martin v. Commonwealth
Court of Appeals of Kentucky
Case 41. —PROSECUTION BY THE COMMONWEALTH AGAINST TANDY MARTIN FOR MURDER. Appeal from Knott Circuit Court. D. W. Gardner, Circuit Judge. Defendant convicted of manslaughter and appeals.
Read the full summary
Case 41. —PROSECUTION BY THE COMMONWEALTH AGAINST TANDY MARTIN FOR MURDER. Appeal from Knott Circuit Court. D. W. Gardner, Circuit Judge. Defendant convicted of manslaughter and appeals. Upon the calling of this case for trial the defendant filed his affidavit, stating that he could prove certain facts that were important evidence in his defense' by witnesses who were absent without his consent or procurement, which the attorney for the Commonwealth consented should be read as their deposition. In the argument of the case one of the employed attorneys for the Commonwealth 'said to the jury…
1Opinion of the Court
Opinion by
Judge Barker
Reversing.
The appellant, Tandy Martin, was indicted by tbe grand jury of Knott county, charged with the offense of willfully murdering John J. Amburgey. A trial resulted in his conviction of voluntary manslaughter and his being sentenced to the penitentiary for a term of 18 years, of which he now complains.
On the evening of the 14th day of November, 1904, a party of men, among whom was John J. Amburgey, came to the store of the appellant. They were all under the influence of liquor — some quite drunk, and others occupying the various lesser degrees of inebriety. Two of…
2Cited by4 opinions
- Howerton v. CommonwealthCourt of Appeals of Kentucky · 1908
- Noe v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1929
- Barnett v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1928
- Gardner v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1931