180 S.W.2d 872 (Ky.App. 1944), Warmke v. Commonwealth

Citation:180 S.W.2d 872, 297 Ky. 649
Opinion Judge:FULTON, Chief Justice.
Attorney:[297 Ky. 650] J. R. Eskridge, of Hardinsburg, and W. W. Kirtley, of Owensboro, for appellant. Hubert Meredith, Atty. Gen., for appellee.
Case Date:May 26, 1944
Court:Court of Appeals of Kentucky

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180 S.W.2d 872 (Ky.App. 1944)

297 Ky. 649




Court of Appeals of Kentucky

May 26, 1944

Appeal from Circuit Court, Breckenridge County; George K. Holbert, Judge.

Jesse Iva Pate Warmke was convicted of manslaughter, and she appeals.


[297 Ky. 650] J. R. Eskridge, of Hardinsburg, and W. W. Kirtley, of Owensboro, for appellant.

Hubert Meredith, Atty. Gen., for appellee.

FULTON, Chief Justice.

This appeal is from a manslaughter sentence of nine years imposed on the appellant in connection with the death of her infant child. The sole ground urged for reversal was that the corpus delicti was not sufficiently shown.

The appellant resided in Utica, a village in Davies County. Some weeks prior to July 8, 1943 she went to Louisville and there gave birth to an illegitimate child. On July 8, 1943 she traveled to Cloverport, in Breckenridge County, by bus arriving about 8 o'clock p.m. It was raining very hard and she went into a drug store for shelter. A. T. Couch, an employee of the store, loaned her a coat in which to wrap her baby. She went out leaving her suitcase in the store. She called Couch by telephone about 10:30, requesting him to come to the store so that she might got her suitcase. When she met Couch at the store she did not have the baby but returned the borrowed coat. Early the next morning she went to the home of a kinswoman, Mrs. Pate. The town marshal, having learned that the baby was missing, went to Mrs. Pate's home and questioned the appellant. She told him that after she left the drug store she started to cross a railroad trestle near the town in an effort to get to the home of a friend and that while she was crossing a train approached and she crawled over on the edge of the ties and accidently dropped the baby. The town marshal and a highway patrolman then took the appellant to the trestle and she pointed out where the baby had been dropped. There was a creek under [297 Ky. 651] the trestle at this point. It was flooded and the current was swift. A baby's cap was found on the bank of the creek and the appellant exclaimed, 'There

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is my little baby's cap'. The baby's body was never found.

When the officers returned to town with the appellant she told them, after some questioning, that she purposely threw the baby into the creek because she was unable to face the humiliation...

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