Abbott v. Commonwealth
| Decision Date | 07 October 1897 |
| Citation | 42 S.W. 344 |
| Parties | ABBOTT v. COMMONWEALTH. |
| Court | Kentucky Court of Appeals |
Appeal from circuit court, Rowan county.
"Not to be officially reported."
Alexander Abbott was convicted of murder, and appeals. Reversed.
W. W McGuire, for appellant.
W. S Taylor, for the Commonwealth.
That the appellant in this case has been guilty of grossly immoral and beastly conduct, we do not doubt; but we do not think there is any proof showing him to be guilty of the murder of his wife by administering poison to her, of which crime he was convicted in the Rowan circuit court, and sentenced to the penitentiary for life. The entire testimony is as follows:
For the commonwealth: Henry Brown testified: That on the morning that the deceased, Geneva Abbott, died, the defendant came over to witness' stable, and fed and curried his (Abbott's) horse, and returned home,-a distance of 250 to 300 yards from defendant's house to said stable. When defendant got home he holloed to witness to come over,-that his wife was dying,-and witness and his wife went to Abbott's house and found deceased lying on the bed, on her face; and they turned her over, and something greenish in color was working out of her mouth, and she was jerking. She said to them that they might think that she might regret it, but she did not that her troubles were greater than she could bear. She said to defendant, "Take good care of Sally and the children," and died. This was in Rowan county, in May, 1896. They turned deceased over, and she only lived a minute. She was pregnant. She said to defendant when they got there, "This is the first time that I have straightened my toes since you left." Deceased came to witness' house the night before, and said to Mrs. Carey that she had taken strychnine, and felt no bad effects from it; she had more, and would take it, if it did not prove fatal, and not to blame Alex. That, immediately after deceased died, her lips were discolored, and looked black. Just before death, deceased was in great pain. Her muscles contracted and relaxed. The wife of Henry Brown testified to substantially the same facts her husband testified about. Mrs. Scott Utterback testified: That she saw deceased a few days before she died, and deceased told her that her troubles were more than she could bear. That she saw deceased a few minutes after she died. The skin on deceased's face was black, and lips discolored. And she was at Clay Barber's house on the day that deceased was buried, and defendant stayed there that day, and defendant did not go to where deceased lay a corpse, and he did not attend the burial of his wife. William Smedley testified: That on Thursday before deceased died (on Saturday) the defendant told him that, if any warrant was issued for him, he could not arrest him. Witness was constable of Rowan county. Defendant objected to this evidence. The court overruled the objection, and defendant excepted. Defendant then asked witness if he (defendant) had not been in other trouble than this; and the attorney for the state objected, and the court sustained the objection, and refused to permit the witness to answer, and defendant excepted. Wm. Elliott testified that on said Thursday defendant asked him what he thought of a man who had two women, said "I have two," and went towards Smedley's house. Defendant objected to this, and the court overruled the objection, and defendant excepted. Powell Wright testified that he bought Clay Barber's farm in December before the deceased died, and had left a clock and vial of liquid on the fireboard, and defendant came and got the clock and vial. They said strychnine was in it. This was about 26th day of December, 1895. Defendant objected to this evidence, and the court overruled the objection, and defendant excepted. William Morris testified to substantially the same thing witness Wright testified to, and defendant objected and...
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... ... White, 189 Mo. 339; State v ... German, 54 Mo. 526; Yalooski v. State, 82 Wis ... 580; State v. Gragg, 122 N.C. 1082; Abbott v ... Com., 42 S.W. 344; State v. Millmeier, 102 Iowa ... 692; Harris v. State, 19 Am. St. 837; Gay v ... State, 60 S.W. 771; State v ... ...
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State v. Concelia
...Mo. 323; State v. White, 189 Mo. 339; State v. German, 54 Mo. 526; Yalooski v. State, 82 Wis. 580; State v. Gragg, 122 N.C. 1082; Abbott v. Com., 42 S.W. 344; State v. Millmeier, 102 Iowa 692; Harris v. State, 19 Am. St. 837. (b) The evidence fails utterly to establish the guilt of the defe......
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Cassell v. Commonwealth
...cases like the instant one in which it was held that the evidence was not sufficient to support the verdict. In Abbott v. Commonwealth, 42 S.W. 344, 19 Ky. Law Rep. 946, a wife died of strychnine poison, and the husband was convicted of her murder. He was enamored of a young girl living in ......
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Cassell v. Commonwealth
... ... was suicide or murder committed by the defendant ... There ... are two other cases like the instant one in which it was held ... that the evidence was not sufficient to support the verdict ... In ... Abbott v. Commonwealth, 42 S.W. 344, 19 Ky. Law Rep ... 946, a wife died of strychnine poison, and the husband was ... convicted of her murder. He was enamored of a young girl ... living in the home, and left with her the night of his ... wife's burial, which he did not attend. Strychnine hAD ... ...