Parker v. Commonwealth
| Decision Date | 11 January 1911 |
| Citation | 141 Ky. 509,133 S.W. 209 |
| Parties | PARKER v. COMMONWEALTH. |
| Court | Kentucky Court of Appeals |
Appeal from Circuit Court, Bell County.
Isaac Parker was convicted of murder, and he appeals. Affirmed.
James G. Rollins, for appellant.
James Breathitt, Atty. Gen., and Tom B. McGregor, Asst. Atty. Gen for the Commonwealth.
The appellant, Isaac Parker, shot and killed Clint Hale at Fonde a mining camp in Bell county, May 23, 1910. The indictment returned against him by the grand jury charged him with the crime of murder, and upon his trial therefor the petit jury by their verdict found him guilty as charged, and fixed his punishment at confinement in the penitentiary for life.
He was refused a new trial by the circuit court, and has appealed. Only two of the three grounds filed in support of the motion for a new trial are relied on for a reversal, viz.: The admission on the trial of alleged incompetent evidence, and that the verdict was not sustained by the evidence. The alleged incompetent evidence consisted of an unsigned letter which purported to have been written by appellant at Sharp's Chapel, Tenn., and addressed to the wife of the victime of the homicide at Laclede avenue, St. Louis, Mo where she had been temporarily staying after abandoning her husband. The evidence of the commonwealth conduced to prove that the deceased suspected, and had reasonable grounds to believe, that an improper intimacy existed between appellant and his wife, and that when she left his home appellant about the same time removed to Vanasco, Iowa. The latter returned, however, to Fonde, Ky. a short time before the homicide, and the wife of deceased soon thereafter. Whether they were together during their absence from Kentucky does not clearly appear from the evidence, but the letter in question contains certain statements indicating that they met or had meetings while away from Kentucky. It is patent that the letter was never received by Mrs. Hale, for, according to the evidence, she returned to Fonde a day or two before it was written. The letter was, as shown by the evidence, found in and taken from the pocket of Hiram Burrow by the mother of deceased, Margaret Hale. How it got in his possession does not appear, but, when introduced in evidence, it was produced by Mrs. Hale, who identified it as in the handwriting of appellant. The language of the letter strongly expressed the affection of the...
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State v. Myers
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