# O'Bryan v. Commonwealth

> Kentucky Supreme Court · March 9, 1982 · 634 S.W.2d 153

URL: https://www.frixlaw.com/law-library/cases/9660233

## Case

- **Full name:** La Verne O’BRYAN, Appellant, v. COMMONWEALTH of Kentucky, Appellee
- **Court:** Kentucky Supreme Court
- **Decided:** March 9, 1982
- **Citations:** 634 S.W.2d 153; 1982 Ky. LEXIS 254
- **Precedential status:** Published
- **Opinion:** Dissent by Clayton
- **Judges:** Stephens, Palmore, Aker, Stern-Berg, Stephenson, Clayton
- **Cited by:** 58 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9660233

## Opinion text

CLAYTON, Justice,
dissenting.
In view of the overwhelming weight of the evidence of guilt, I would affirm the conviction. Under our former criminal code, virtually any error was enough to overturn a case involving the death penalty. Under our present criminal code, however, this approach pales in significance because of the aggravation (murder for profit) and mitigation factors present now.
I believe there was competent circumstantial evidence establishing that appellant committed a prior crime using the same common scheme or plan (poison), and was motivated by the same reason (profit), as in the O’Bryan death. The remoteness of Sa-dler’s death should affect only the credibility of the evidence, and I think the peculiarity of death by arsenic poisoning makes it easier to overcome the task of proving commonality than would be true if the deaths were caused by a more typical means.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9660233. Public record. Not legal advice.