Lewis v. Commonwealth
| Decision Date | 07 March 1889 |
| Parties | LEWIS v. COMMONWEALTH. |
| Court | Kentucky Court of Appeals |
Appeal from circuit court, Morgan county; JOHN E. COOPER, Judge.
David Lewis appeals from a conviction of murder.
John T. Hazelrigg, for appellant.
P. W. Hardin, for the Commonwealth.
The appellant and Amos and Alvin Lewis were jointly indicted and charged with the crime of having conspired to murder, and pursuant to such conspiracy of having murdered, Joseph Lewis. The appellant was tried separately, which resulted in his being convicted of the crime charged, and his punishment was fixed at confinement in the penitentiary for life. On his trial he offered to introduce Alvin Lewis, one of the persons indicted with him, as a witness for him. The commonwealth's attorney objected to his introduction as a witness, which objection was sustained. The record shows that his evidence was material for the appellant; indeed, if true and believed, it would acquit the appellant. This person was rejected as a witness because the court was of the opinion that a conspiracy was proven. A careful investigation of the record convinces us that it was not proven with reasonable certainty that this boy, about 16 years old, was in the conspiracy to kill Joseph Lewis. We make no comment in reference to the appellant and Amos Lewis in this regard, nor do we deem it prudent, in view of the fact that the appellant is to have another trial, and Alvin is yet to be tried, to give the reasons in detail why we have come to the conclusion that the proof fails to establish with reasonable certainty that Alvin was in said conspiracy. For the foregoing error the judgment is reversed, and the case remanded, with directions to grant the appellant a new trial.
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