Cargill v. Commonwealth
| Decision Date | 13 December 1892 |
| Citation | 20 S.W. 782,93 Ky. 578 |
| Parties | Cargill v. Commonwealth. |
| Court | Kentucky Court of Appeals |
Appeal from circuit court, Graves county.
"To be officially reported."
Frank Cargill was convicted of detaining Lillian Yarbroger against her will, with intent carnally to know her, and appeals. Affirmed.
This is the second conviction of the appellant, Frank Cargill, for detaining Lillian Yarbroger against her will, with the intention of having carnal knowledge with her. The punishment awarded on the first trial was 3 years, and upon the last trial 3 1/2 years, in the penitentiary. The case upon the former appeal will be found reported in 13 S.W. 916. The testimony is quite conflicting whether the conduct of the appellant was against her will; but, under the rule that governs this court in a criminal case, the fact that it is conflicting forbids a reversal, although the weight of the evidence may seem to us to be upon the side of the appellant. In such case the finding of the jury is conclusive, and, in the absence of substantial legal error, the verdict must stand.
Complaint is not made of the instructions, save it is said the entire law of the case was not given to the jury. It is urged that this consisted in failing to instruct under section 240 of the Criminal Code, which provides that a confession of a defendant, unless made in open court, will not warrant a conviction, unless accompanied with other evidence that such an offense was committed. A case was not, however, presented for such an instruction. A witness testified to what the accused had sworn upon the former trial. It did not, however in the least degree amount to a confession. His then testimony, as proven by this witness, who was then a juror if true, showed that he did not commit the offense charged but the woman was a willing party to all that occurred.
After the close of the evidence upon both sides the court permitted the state to introduce a witness, and prove by her a statement of the accused. The trial court has, in the interest of justice, a broad discretion in such a matter and, in the absence of a manifest abuse of this discretion, its action should not be disturbed; and there is no sufficient reason to do so in this instance.
The accused offered to prove specific acts of unchastity with other men. The evidence was properly rejected. If this were true, it would not have shown that the appellant was not...
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Williams v. Commonwealth
... ... it was reversible error for the jury to take to its room the ... indictment upon which was written a former verdict, even when ... the verdict was upon the trial of the complaining defendant, ... much less if it was rendered upon the trial of a codefendant ... Cargill v. Commonwealth, 93 Ky. 578, 20 S.W. 782, 14 ... Ky. Law Rep. 517; Herrold v. Commonwealth, 8 S. W ... 194, 10 Ky. Law Rep. 70; Vinegar v. Commonwealth, ... 104 Ky. 106, 46 S.W. 510, 20 Ky. Law Rep. 412. In the Herrold ... Case it was urged before this court, upon appeal from a ... judgment ... ...
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Holmgren v. United States
... ... It is his duty to ... ascertain what papers are sent to the jury before they leave ... the court.' ... In ... Forbes v. Commonwealth, 90 Va. 550, 19 S.E. 164, the ... Supreme Court of Appeals of Virginia held that it was not ... error to send to the jury the indictment, whereon ... against Hall, and still that would not have disqualified ... them as jurors.' ... [156 F. 442] ... In Cargill v. Commonwealth, 93 Ky. 578, 20 S.W ... 782, the court said: ... 'But ... the appellant made no objection, and it was his business, ... ...
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Cook v. Com.
...had no relation to this case and should not have been admitted. Cargill v. Commonwealth, 13 S.W. 916, 12 Ky.Law Rep. 149, and 93 Ky. 578, 20 S.W. 782; Turpin v. Commonwealth, Ky., 352 S.W.2d 66. The asking of questions when the only possible object is to arouse in the minds of the jury a su......
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Beshears v. Commonwealth
... ... substantial prejudicial error. That rule of practice has been ... so often declared that we deem it unnecessary to append the ... cases in which it was announced, but some of which are ... Moore v. Commonwealth, 143 Ky. 405, 136 S.W. 608; ... Cargill v. Commonwealth, 93 Ky. 578, 20 S.W. 782, 14 ... Ky. Law Rep. 517, and other cases cited therein. Other later ... ones are to the same effect. In the earlier case of ... Commonwealth v. Patterson, 8 S. W. 694, 10 Ky. Law ... Rep. 167, it was held that the trial court abused its ... discretion ... ...