Luby v. Commonwealth
Court of Appeals of Kentucky
Case 1 — INDICTMENT FOE MURDER APPEAL FROM FAYETTE CIRCUIT COURT. CITED On Verbal Instructions. Criminal Code, section 226. 3 Bush, 532, Coppage v. Commonwealth. On Dying Declarations: 2 Bennett & Heard’s Criminal Cases, 599. 7 Carr & Payne’s Eng. Com. Law, 187, 409, 566. On Defense of House: 2 Bishop’s Crim. Law, 4th ed., sec. 653. 2 Wharton, 7th ed., sec. 1024. On Right of Pursuit: Wharton’s Crim.
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Case 1 — INDICTMENT FOE MURDER APPEAL FROM FAYETTE CIRCUIT COURT. CITED On Verbal Instructions. Criminal Code, section 226. 3 Bush, 532, Coppage v. Commonwealth. On Dying Declarations: 2 Bennett & Heard’s Criminal Cases, 599. 7 Carr & Payne’s Eng. Com. Law, 187, 409, 566. On Defense of House: 2 Bishop’s Crim. Law, 4th ed., sec. 653. 2 Wharton, 7th ed., sec. 1024. On Right of Pursuit: Wharton’s Crim. Law, 7th ed., sec. 1019. 1 East’s P. C. 271, 272. 2 Duvall, 330, Phillips v. Commonwealth. 2 Starkie on Ev., side-page 523. 7 Bush, 126, Carico v. Commonwealth. 8 Bush, 481, Bohannon v.…
1Opinion of the Court
JUDGE LINDSAY
delivered the opinion oe the court.
Michael Luby was indicted for the murder of Patrick O’Brien, and upon his trial in the Fayette Circuit Court was convicted of manslaughter, and adjudged to be confined in the penitentiary for the term of ten years.
To reverse that judgment he prosecutes this appeal.
Luby and O’Brien were'unfriendly, and the former had forbidden the latter to come to his house.
*4On the day of the shooting, which was Sunday, the deceased (at the time slightly intoxicated) went to Luby’s house, for the purpose, as he stated, of settling some question of veracity then…
2Cited by7 opinions
- Commonwealth v. GriffithCourt of Appeals of Kentucky · 1912
- State v. ThompsonSupreme Court of Louisiana · 1893
- Thompson v. CommonwealthCourt of Appeals of Kentucky · 1923
- Barnett and Barnett v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1926
- Mayhew v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1946
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