Young v. Commonwealth
| Decision Date | 10 December 1869 |
| Citation | 69 Ky. 312 |
| Parties | Young v. Commonwealth. |
| Court | Kentucky Court of Appeals |
APPEAL FROM JACKSON CIRCUIT COURT.
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BARNES, HOLEMAN & FREDERICK, For Appellant,
JOHN RODMAN, Attorney-General, For Appellee.
Timothy Young, having shot and killed Jack McHone, was indicted in the Jackson Circuit Court for murder, and upon his trial, having been found guilty by the jury, and judgment of death having been pronounced against him therefor by that court, he has appealed to this court for a reversal of that judgment, on the grounds that illegal evidence was permitted to be given against him, and the jury was misled by erroneous instructions.
After F. M. Young had been introduced as a witness for appellant, Jesse Lewis was examined on behalf of the commonwealth, and proved he was acquainted with F. M. Young; knew him before 1863; that he was about twenty years of age; his general reputation for honesty was not good; that his reputation was that he and all the Youngs, including the old man, would steal hogs. This evidence was objected to, and the jury were then told by the judge that they must disregard it as evidence except as it might affect Frank Young; but after the jury was thus instructed with reference to that evidence, the witness was permitted to state that he did not intend to include Nancy Young, who had testified in behalf of the accused, as one who had been charged with hog-stealing, as she was not grown, and had not formed a character; but he meant to include the old man and all his boys except Thomas Young. This was objected to, but the court permitted it to go to the jury.
The doctrine may be said to be authoritatively settled that evidence of the good character of the prisoner is admissible, on the ground that an individual who has maintained an unblemished character up to the time when he is charged with crime may avail himself of that fact as some evidence that he has not committed the crime with which he is accused. But the prosecution is not allowed to call witnesses to the general bad character of the prisoner, unless to rebut the evidence of good character already adduced by him; and even this has recently been denied in England. And the evidence, when admissible, must be restricted to the trait of character which is in issue, or ought to bear some analogy and reference to the nature of the charge; it being obviously irrelevant and absurd on a charge of stealing to inquire into the prisoner's loyalty, or on a charge of treason to inquire into his character for honesty in his private dealings. (3 Greenleaf, pp. 31-2.)
The statement of this witness included the appellant, when he had offered no evidence of good character, and was for that reason, if no other, irrelevant, and should not have been admitted. But it is proper to decide whether the evidence was competent as impeaching the testimony of F. M. Young, who had been called to testify for the accused. General evidence affecting his credit for veracity was certainly competent; but in impeaching his credit the examination of witnesses called for that purpose must be confined to his general reputation and not to particular facts; because, as is laid down in the authorities, every man is supposed to be capable of supporting his general reputation at any time without notice, but not to answer the other; and unless his general character and behavior be in issue, he can not without notice be prepared to meet a special or particular charge.
The regular mode of examining into the general reputation of a witness is to inquire of the witness called to impeach him whether he knows the general reputation of the person in question among his neighbors. If he answers in the affirmative, then he should be asked what that reputation is. (1 Greenleaf, 461.)
The witness Lewis does not state that he knew the general reputation of Frank Young among his neighbors when he was called to testify. He said he knew him in Harlan County in 1863, and before; the strong inference from which is, that since that period, and among his present neighbors, he did not know his general reputation. But unless he had stated he was acquainted with his character among his neighbors at the time he testified, he should not have been permitted to speak of it; nor should he have been permitted to testify to particular acts. And the court erred, to the prejudice of appellant, in overruling his objections to that evidence.
The deceased made a statement to Esquire Powell, the same evening he died, of the occurrences which resulted in the shooting of him, and at the same time stated he did not believe the wound would kill him; which statement the prosecution offered to read as the dying declaration of the deceased. The same was objected to as incompetent by the appellant, but the court admitted the statement; and that ruling of the court is complained of as erroneous.
Before said...
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