Reports of Civil and Criminal Cases Decided by the Court of Appeals of Kentucky Volume 149

Reports of Civil and Criminal Cases Decided by the Court of Appeals of Kentucky Volume 149

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1912 edition. Excerpt: ...record that this discretion has been abused. Criminal Law--Continuance-Discretion of Trial Court in Refusing.--Where no facts were shown to sustain the statement of the affidavit for a continuance that the proper effect of the testimony of the absent witnesses could not 'be had without their personal presence, lt cannot be sai-d that the court abused a sound discretion in refusing to grant the continuance. 'Criminal Law--Separation of Jury During Triai.--Where the of fense upon which accused was being tried was not a. capital offense, it was within the discretion of the trial court to permit the jury to separate during the trial. Criminal Law---Formation of.lury--Action of Trial Court Is Not Subject of Review.--The action of the trial court in accepting as jurors those who had formed Or expressed an opinion, even had it been set out in the bill of exceptions, as it is not, is not subject to review. Criminal 'Law---=Credibility of Vitnesses.----The credibility of the witness is for the jury, and this court will not disturb a verdict because the jury believed one set of witnesses rather than another. The verdict must be palpably against the evidence or it cannot be disturbed. Criminal Law--Carnally Knowing Female Under Age of SixteenTestimony of Misconduct with Others by Prosecutrix---Evidence to Sustain Convietion.----Upon the trial of appellant on the charge of carnally knowing a. female under the age of sixteen years, the trial court properly limited the testimony as to the misconduct of the prosecutrix with others to its evidential effect 'upon the question of her veracity. There is no error of law in the record, and the testimony by the prosecutrix is such as to sustain a con viction, JAMES H. MINOGUE, R. more

Product details

  • Paperback | 364 pages
  • 189 x 246 x 19mm | 649g
  • English
  • Illustrations, black and white
  • 1236918452
  • 9781236918451