Combs v. Commonwealth
Court of Appeals of Kentucky
Case 5 — INDICTMENT. APPEAL FROM POWELL CIRCUIT COURT. 1. The court should have allowed the witnesses, Wm. Bryan and Wm. Thorp, to prove the reputation of Eubank for truth, they having fully qualified themselves. 2. The court erred to the prejudice of defendant in limiting the argument to three hours. 3. The convicts should not have been allowed to testify. (Civil Code, sec. 606, subsec. 8; Ky.
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Case 5 — INDICTMENT. APPEAL FROM POWELL CIRCUIT COURT. 1. The court should have allowed the witnesses, Wm. Bryan and Wm. Thorp, to prove the reputation of Eubank for truth, they having fully qualified themselves. 2. The court erred to the prejudice of defendant in limiting the argument to three hours. 3. The convicts should not have been allowed to testify. (Civil Code, sec. 606, subsec. 8; Ky. Stats., sec. 1180.) The court is asked to overrule the cases of Commonwealth v. McGuire, 84 Ky., 57, and Combs v. Commonwealth, 15 Ky. L. R., 660. 4. As one of the jurors was under twenty-one years of…
1Opinion of the Court
JUDGE LEWIS
delivered the opinion of the court.
Appellant, under, an indictment for conspiring witli Jim Combs, Jesse Barnett and Charles Wall, to murder John A. Rose, who was actually killed by Combs and Barnett, has been twice convicted and sentenced to confinement in the penitentiary for life, this being the second appeal.
*26We need not state in detail facts proven on the last trial, as they were substantially stated in the opinion of this court on the first appeal. See Combs v. Com., 15 Ky. L. R. 660.
Two accomplices, Wall and Barnett, though already convicted of tlie offense, testified as…
2Cited by18 opinions
- City of Dayton v. LoryCourt of Appeals of Kentucky · 1916
- Income Investors, Inc. v. SheltonWashington Supreme Court · 1940
- Tompkins v. CommonwealthCourt of Appeals of Kentucky · 1903
- Teague v. CommonwealthCourt of Appeals of Kentucky · 1916
- Winchester v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1925
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