SMITH v. COMMONWEALTH


402 S.W.2d 686 (1966)

Charles Burton SMITH, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

May 6, 1966.


Attorney(s) appearing for the Case

Stuart L. Lyon, David Kaplan, Louisville, for appellant.

Robert Matthews, Atty. Gen., H. N. McTyeire, Asst. Atty. Gen., Frankfort, for appellee.


MONTGOMERY, Judge.

Charles Burton Smith was convicted of willful murder of Elizabeth Duncan and received a life sentence. On his appeal he urges that certain statements and a photo were wrongfully admitted into evidence.

Charles and his so-called common-law wife, Nancy Edna Phillips, went to the West End Sportsmen's Club on December 31, 1964, ostensibly to celebrate New Year's Eve. Their three small children were left at home in care of Elizabeth Duncan, an...

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