Commonwealth v. Everson
Court of Appeals of Kentucky
Case 40."PROSECUTION AGAINST H. J. EVERSON FOR HOUSEBREAKING AND STEALING THEREFROM— Appeal from Jefferson Circuit Court (Criminal Branch.) Joseph Pryor, Judge. Defendant acquitted and Commonwealth appeals. POINTS AND AUTHORITIES CITED. 1. A third person who overhears a communication between husband and wife may testify to same.
Read the full summary
Case 40."PROSECUTION AGAINST H. J. EVERSON FOR HOUSEBREAKING AND STEALING THEREFROM— Appeal from Jefferson Circuit Court (Criminal Branch.) Joseph Pryor, Judge. Defendant acquitted and Commonwealth appeals. POINTS AND AUTHORITIES CITED. 1. A third person who overhears a communication between husband and wife may testify to same. (Greenleaf’8 Evidence, Yol. 1, Section 254; R. v. Simons, 6 A .. & Payne, 541; Com. v. Griffin, 110 Mass. 181; State v. Center, 35 Vt., 378; Wharton’s Law of Evidence, Vol 1, 427; Jones on Evidence, Vol. 3, Section 754.) 2. Evidence conducing to show a motive on the…
1Opinion of the Court
Opinion by
Chief Justice Hobson
Opinion Certified.
H. J. Everson was indicted in the Jefferson circuit court on the charge of housebreaking. He was tried and acquitted. The commonwealth has prosecuted an appeal on certain questions of law arising on the trial. Only so much of the facts of the case will be stated as is necessary for a proper understanding of the questions of law. Everson was in the employ of the Moran Flexible Steam Joint Company, as bookkeeper. The president and treasurer found the corporation was short of its cash, and not knowing what had become of it, decided to discharge the…
2Cases cited5 opinions
- Gannon v. PeopleIllinois Supreme Court · 1889
- O'Brien v. CommonwealthCourt of Appeals of Kentucky · 1889
- State Bank v. HutchinsonSupreme Court of Kansas · 1900
- Scott v. CommonwealthCourt of Appeals of Kentucky · 1893
- Bess v. CommonwealthCourt of Appeals of Kentucky · 1903
3Cited by10 opinions
- Slaven v. CommonwealthKentucky Supreme Court · 1997
- United States v. GoldsteinCourt of Appeals for the Second Circuit · 1941
- People v. PeakCalifornia Court of Appeal · 1944
- Estes v. CommonwealthKentucky Supreme Court · 1988
- Horn v. StateDistrict Court of Appeal of Florida · 1974
5 more not listed; retrieve them via the Exa API.