Reports of Civil and Criminal Cases Decided by the Court of Appeals of Kentucky, 1785-1951 (24; V. 131)

This historic book may have numerous typos, missing text or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1909. Not illustrated. Excerpt: ... Carter v. Commonwealth. collusion with Walden, the purchaser. The trustees had the right to sell, and, having concluded the sale and the property having passed into the hands of the church and been appropriated to its use, we are of opinion that the sale should not be disturbed, and, the lower court having so held, its judgment is affirmed. CASE 25.--PROSECUTION AGAINST WILLIAM CARTER FOR MURDER--January 8. Carter v. Commonwealth Appeal from Jefferson Circuit Court; Criminal Branch. W. Allen Kinney, Special Judge. Defendant convicted and appeals--Affirmed. 1. Homicide--Review--Conflicting Evidence.--The verdict of the jury on conflicting evidence as to the cause and circumstances of a homicide is conclusive on review. 2. Criminal Law--Appeal--Objections Below--Sufficiency--Separation of Jury.--Under Criminal Code Practice, section 281, providing that decisions on motion for a new trial shall not be subject to exception, a complaint that the jurors in the trial of a criminal case were allowed to separate must be made to the court during the trial, and is too late to be available on appeal if first made on the motion for a new trial. 8. Deadly Weapon--Question for Jury.--On a trial for murder, it is proper to submit to the jury the question whether the iron pipe with which defendant killed deceased was a deadly weapon. 4. Criminal Law--Applause During Trial--Failure to Caution Jury.--The failure of the court to instruct the jury to disregard the applause from persons in the audience during the trial will not be considered as error, where no complaint of Carter v. Commonwealth. such applause was made, and the court was not asked to give such an instruction. 6. Homicide--Remarks of Counsel--Harmless Error.--In a trial for murder, a witness being unable to identify t...