Allen v. Commonwealth
Court of Appeals of Kentucky
Case 84 — INDICTMENT APPEAL FROM BARREN CIRCUIT COURT. 1. The accused in a felony case is entitled to be present during the whole-trial. (Cooley’s Const. Limit., 319; Sperry v. Commonwealth, 9-Leigh, 623; State v. Hughes, 2 Ala., 102; Sneed v. State, 5 Ark.,. 431; Criminal Code, secs. 183, 245, 247, 248.) 2. The instructions as to self-defense were erroneous.
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Case 84 — INDICTMENT APPEAL FROM BARREN CIRCUIT COURT. 1. The accused in a felony case is entitled to be present during the whole-trial. (Cooley’s Const. Limit., 319; Sperry v. Commonwealth, 9-Leigh, 623; State v. Hughes, 2 Ala., 102; Sneed v. State, 5 Ark.,. 431; Criminal Code, secs. 183, 245, 247, 248.) 2. The instructions as to self-defense were erroneous. One engaged in committing an offense against another does not thereby lose his right of self-defense any further than the law authorizes the injured person to make defense. (Terrell v. Commonwealth, 13 Bush, 257; Minton v. Commonwealth,…
1Opinion of the Court
JUDGE HOLT
delivered the opinion of the court.
This is a conviction for manslaughter.
At the close of the argument to the jury, they were properly put under the charge of an officer, the accused being] remanded to jail, and the court then adjourned for dinner. Upon assembling again, but in the absence of the accused, he being then in jail, the case was finally submitted to the jury, and they, under the charge of an officer, were sent to their "room to consider of their verdict.
It is a rule of the common law that the trial of one charged with felony must be had in his presence.
In Sperry’s case, 9…
2Cases cited4 opinions
- Meece v. CommonwealthCourt of Appeals of Kentucky · 1880
- State v. HughesSupreme Court of Alabama · 1841
- Temple v. CommonwealthCourt of Appeals of Kentucky · 1879
- People v. PerkinsNew York Supreme Court · 1828
3Cited by17 opinions
- Gambrell v. CommonwealthCourt of Appeals of Kentucky · 1908
- Frost v. StateSupreme Court of Alabama · 1932
- Percer v. StateTennessee Supreme Court · 1907
- State v. BristolWyoming Supreme Court · 1938
- Boreing v. BeardCourt of Appeals of Kentucky (pre-1976) · 1928
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