Massie v. Com.

• Decision Date: 13 December 1892
• Citation: 93 Ky. 588,20 S.W. 704
• Parties: Massie v. Commonwealth.
• Court: Kentucky Court of Appeals

20 S.W. 704

93 Ky. 588

Massie v. Commonwealth.

Court of Appeals of Kentucky.

December 13, 1892

Appeal from circuit court, Owen county.

"To be officially reported."

J. L Massie was convicted of murder, and appeals. Reversed.

Bennett J.

The appellant was indicted in the Owen circuit court, charging him with the crime of murdering Jessie Honaker. The second trial of the case resulted in convicting the appellant of the crime charged, and fixing his punishment at confinement in the penitentiary for life. The appellant, before the second trial had commenced, moved the trial judge to retire from the bench, and not preside in the case, and supported his motion by the following affidavit: "The defendant, J. I Massie, states that his honor, Warren Montfort, will not afford this defendant a fair nor impartial trial of this case. That the said judge has repeatedly expressed his opinion of the guilt of the defendant upon the former trial of this defendant; has that opinion now, and has at all times since said trial had said opinion, and repeatedly and publicly expressed the same; and that, while the jury which was impaneled to and did try this defendant's case at the May term, 1892, of this court, were considering of their verdict, said judge became angry. After said jury was discharged, said judge did repeatedly and to divers persons talk of and criticise severely those of the jury who favored the defendant, and said that this defendant's case was the most coldblooded ever committed. That said judge has also repeatedly said to divers parties that if his counsel argued this case, or attempted to argue this case as upon a former trial, he would see that such argument was not made. That said attorneys had no right to give to the jury their opinion of the meaning of the words 'willful,' 'feloniously,' and 'malice aforethought;' and that said judge well knew the strong, rabid, and unhealthy public sentiment against the defendant; and that there are now divers races for public office being made, of which the race for circuit judge is one, and that, unconsciously, the said judge so rules as to satisfy the bloodthirsty throng and has repeatedly discussed this defendant's case with the common crowd, and would and did express his opinion of defendant's guilt; and that the said judge is personally hostile to this defendant." This affidavit was supported by the other affidavits required by law. Appellant's affidavit...