Court of Appeals of Kentucky, 1914

Supreme Tribe of Ben Hur v. Cosgrove

Supreme Tribe of Ben Hur v. Cosgrove
Court of Appeals of Kentucky · Decided December 9, 1914 · Chiee, Hobson
161 Ky. 484; 169 S.W. 999; 1914 Ky. LEXIS 2

Supreme Tribe of Ben Hur v. Cosgrove

Opinion of the Court

Extended Opinion by

Chiee Justice Hobson.

Upon reconsideration of the question, we conclude that the affidavit of Dr. O. H. Kilsall, which was read as his deposition, is sufficient to admit evidence that the de*485ceased used intoxicants as therein supposed, and. such evidence should have been admitted on the trial with an admonition to the jury as to the purpose for which it should be considered.

The opinion is extended as indicated.

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