Legal Opinion

Sacra v. Commonwealth

Court of Appeals of Kentucky

Decided October 16, 1906PublishedCited by 5 opinions

Case 77. — PROSECUTION AGAINST J. H. SACRA FOR RAPE. Appeal from Logan Circuit Court. W. P. Sandidge, Circuit Judge. Defendant convicted and appeals. • 1. The court erred in overruling defendant’s motion for change of venue. ■ 2. The court erred in overruling defendant’s motion for continuance made on the 6th day of July, 190S, the second day after he was shot. 3. The court erred in permitting to be proven the words and acts of Fletcher, Guy and Jim Lyon, and to introduce in…

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Case 77. — PROSECUTION AGAINST J. H. SACRA FOR RAPE. Appeal from Logan Circuit Court. W. P. Sandidge, Circuit Judge. Defendant convicted and appeals. • 1. The court erred in overruling defendant’s motion for change of venue. ■ 2. The court erred in overruling defendant’s motion for continuance made on the 6th day of July, 190S, the second day after he was shot. 3. The court erred in permitting to be proven the words and acts of Fletcher, Guy and Jim Lyon, and to introduce in evidence a book and other papers claimed to belong to Guy Lyon found at the scene of the difficulty, defendant not…

1Opinion of the Court

Opinion by

Chief Justice Hobson

Reversing.

John IL Sacra being indicted jointly with W. R. Fletcher, Guy Lyon, and Jim Lyon for the crime of rape upon the person of Mary Gladder was found guilty as charged, and his punishment fixed at death. The facts out of which the prosecution grew are stated in the opinion this day delivered in the case-of 'W. R. Fletcher v. Commonwealth, 96 S. W. 855. All the questions raised on the appeal of Sacra are the same as those raised in the Fletcher case, except one. The defendants were indicted on May 23d, which was the day after the crime was charged to have…

2Cases cited1 opinion

  1. Fletcher v. CommonwealthCourt of Appeals of Kentucky · 1906

3Cited by5 opinions

  1. Shipp v. CommonwealthCourt of Appeals of Kentucky · 1907
  2. Mullins v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1935
  3. Commonwealth v. StallardCourt of Appeals of Kentucky (pre-1976) · 1931
  4. State Ex Rel. Lea v. BrownTennessee Supreme Court · 1933
  5. State v. FrancisSupreme Court of South Carolina · 1929

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