Welch v. Commonwealth
Court of Appeals of Kentucky
Case 11 — Petition for Rehearing — Petition for Rehearing Denied. The court seems to base its opinion in the reversal of the case at bar, upon the case of Leslie v. Com., 19 Rep., 1202, and Lewis v. Com., 19 Rep., 1139. Neither of said cases is marked to be reported as official cases, but are marked not to be reported. It seems to us that the rule laid down in the case at bar, and the two cases above cited, is in direct conflict with the case of Burdette v. Commonwealth.
Read the full summary
Case 11 — Petition for Rehearing — Petition for Rehearing Denied. The court seems to base its opinion in the reversal of the case at bar, upon the case of Leslie v. Com., 19 Rep., 1202, and Lewis v. Com., 19 Rep., 1139. Neither of said cases is marked to be reported as official cases, but are marked not to be reported. It seems to us that the rule laid down in the case at bar, and the two cases above cited, is in direct conflict with the case of Burdette v. Commonwealth. We .have understood the rule to be, that reported cases are the ones for the guidance and government of trial courts, and…
1Dissent
Dissenting opinion by
JUDGE HOBSON.
Parker v. Com. (Ky.) 51 S. W., 573, and Pennington v. Com. (Ky.) 51 S. W., 818, were not intended to conflict with«the well-settled rule in this State, or the general current of authority elsewhere. The court, after showing that the evidence was not competent as cross-examination, went on to show that it was also incompetent, under the statute, for the purpose of impeachment; it having been previously held that such evidence might be obtained from *112the witness himself, as well as other witnesses. This is all there is in the quotations made from those opinions.…
2Cases cited1 opinion
- Warren v. CommonwealthCourt of Appeals of Kentucky · 1896