Legal Opinion

Rutherford v. Commonwealth

Court of Appeals of Kentucky

Decided November 20, 1880PublishedCited by 28 opinions

Case 130 — INDICTMENT— APPEAL FROM LOGAN CIRCUIT COURT. .A party accused of a felony has a right to meet the witnesses face to face. It was error in the court to allow a witness to point out to the jury the place of the killing in the absence of the defendant. (Constitution of Kentucky, Bill of Rights, sec. 12; Criminal Code, secs. 183 and 236; 3 Wharton’s Criminal Law, sec. 3160; 1 Bishop’s Criminal Procedure, sec. 668; Louisiana Annual Reports, vol. 24, p. 46.)

1Opinion of the Court

JUDGE HINES

delivered the opinion op the court.

Appellant was indicted for murder, tried, convicted, and. sentenced to the penitentiary for life.

On this appeal it is claimed that the court erred in directing the jury to view the place of the killing in the absence of the accused. Section 236 of the Criminal Code authorizes the judge of the trial court, when in his opinion it is necessary, to direct that the jury be taken in the custody of the sheriff to the place of the alleged killing, which is to be pointed out to them by the judge or by some one appointed by him for that purpose. In this…

2Cited by28 opinions

  1. Snyder v. MassachusettsSupreme Court of the United States · 1934
  2. People v. . ThornNew York Court of Appeals · 1898
  3. Moore v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1928
  4. McIntosh v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1963
  5. Hargis v. CommonwealthCourt of Appeals of Kentucky · 1909

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