Coyle v. Commonwealth
Court of Appeals of Kentucky
CASE 89. — PROSECUTION AGAINST THOMAS COYLE FOR MURDER — M-ay 8. Appeal from Madison Circuit Court. J. M. BeNtoN, Circuit Judge.
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CASE 89. — PROSECUTION AGAINST THOMAS COYLE FOR MURDER — M-ay 8. Appeal from Madison Circuit Court. J. M. BeNtoN, Circuit Judge. Defendant convicted and appeals. 1. We think the question of the admissibility of dying declarations very elementary, as set up in Greenleaf on Evidence, articles 158 and 160. Greenleaf states that the conditions under which the declarations were made, are to be shown to the court, it being his province, and not that of the jury, to determine whether the declarations are admissible. 2. The fourth instruction given by the court in this case should not have been…
1Opinion of the Court
OPINION op the Court by
Judge Nunn
— Reversing.
The appellant appeals from a judgment of conviction, sentencing him to confinement in the penitentiary for 17.years for killing one Hubert Riddle. The appellant and Riddle were brothers-in-law; Riddle having'married appellant’s sister. It appears from the evidence that Riddle had rented the farm-, and half of the house, of Mrs. Coyle, the mother of appellant, for the year 1905. -She with her family occupied the other half of the dwelling. The appellant had been absent for several months, and returned to his mothers the day previous to the killing,…
2Cases cited3 opinions
- Starr v. CommonwealthCourt of Appeals of Kentucky · 1895
- Vaughan v. CommonwealthCourt of Appeals of Kentucky · 1887
- Commonwealth v. LawsonCourt of Appeals of Kentucky · 1904
3Cited by8 opinions
- Postell v. CommonwealthCourt of Appeals of Kentucky · 1917
- Burnett v. CommonwealthCourt of Appeals of Kentucky · 1916
- Colon v. CommonwealthCourt of Appeals of Kentucky · 1923
- Beaty v. CommonwealthCourt of Appeals of Kentucky · 1910
- Commonwealth v. JohnsonCourt of Appeals of Kentucky · 1914
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