Thompson v. Commonwealth
Court of Appeals of Kentucky
CASE 3 — INDICTMENT APrEAL PROM GREEN circuit court. Tbe facts of the case are stated in the opinion of the court. A man cannot be legally tried or convicted upon an indictment containing charges of both accessory and principal in murder. In any event the jury must specify of which offense they find him guilty, or the finding is bad. (Wharton's American Law, pp. 195, 208-9.) Opinions of witnesses, on questions not involving science or medical skill, are not admissible.
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CASE 3 — INDICTMENT APrEAL PROM GREEN circuit court. Tbe facts of the case are stated in the opinion of the court. A man cannot be legally tried or convicted upon an indictment containing charges of both accessory and principal in murder. In any event the jury must specify of which offense they find him guilty, or the finding is bad. (Wharton's American Law, pp. 195, 208-9.) Opinions of witnesses, on questions not involving science or medical skill, are not admissible. (1 Parker'’s Criminal Reports, 464.) Party not permitted to ask the opinions of a professional witness except one of skill or…
1Opinion of the Court
JUDGE DUVALL
delivered the otinion of the court:
The appellant and four others, to-wit: Hunter, Despain, Skaggs, and Zelce, the latter being a slave, were jointly indicted by the grand jury of Taylor county for the murder of Henry Sympson. The indictment contains three paragraphs or counts, the first of which charges that the murder was committed by all five of the accused jointly; the second charges that Hunter committed the murder, and that the other defendants “ did, with malice aforethought, counsel, advise, and persuade the said Hunter to kill and murder” the deceased; and in the third…
2Cited by14 opinions
- Mulligan v. CommonwealthCourt of Appeals of Kentucky · 1886
- Ratliff v. CommonwealthCourt of Appeals of Kentucky · 1918
- Insurance Co. v. UpdegraffSupreme Court of Pennsylvania · 1853
- Ritson v. Atlas Assurance Co.Massachusetts Supreme Judicial Court · 1930
- Travis v. CommonwealthCourt of Appeals of Kentucky · 1894
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