[Download] "Mccormick v. Commonwealth" by Court Of Appeals Of Kentucky # Book PDF Kindle ePub Free
eBook details
- Title: Mccormick v. Commonwealth
- Author : Court Of Appeals Of Kentucky
- Release Date : January 22, 1945
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 53 KB
Description
CAMMACK, Justice. William McCormick was sentenced to prison for five years for maliciously shooting at, without wounding, Henry Ross. Reversal of the judgment is urged on the grounds that (1) he should have been granted a continuance in order to obtain the presence of his witnesses, and also because of his physical condition; (2) the court erred in permitting the commonwealth's attorney to ask leading questions; (3) the jury was not properly instructed; and (4) the verdict is flagrantly against the evidence. McCormick, 58 years of age, and the prosecuting witness, Henry Ross, 73 years of age, were partners in a sawmill business in the summer of 1944. A disagreement arose between them and McCormick sold his interest in the business. Thereafter McCormick was heard to make threats against Ross. Sometime during August he went to the mill in company with his wife and his nephew, Chester Grubb. While there McCormick attempted to provoke an argument and threatened to whip Ross. However, no difficulty took place at that time. Later in the afternoon Ross went to a store which was operated by his son. While he was sitting in front of the store McCormick, with the same companions, drove by the store. Apparently, when McCormick saw Ross, he applied the brakes to his car, stopping it in about 30 or 40 feet.