Fain v. Commonwealth
Court of Appeals of Kentucky
Case 38—INDICTMENT APPEAL FROM JESSAMINE CIRCUIT COURT. I. The court erred in refusing to a^lmit* evidence that appellant was . afflicted with a disease called somnambulism. 2. It should have admitted evidence that his children had been sick, and he, in waiting upon them, had recently lost sleep. (Hamilton’s Lectures on Metaphysics, vol. I, 319; Wharton & Stille’s Med. Jour., sec. 482; Maudsly on Insanity, 484; Brown’s Med.-Juris.
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Case 38—INDICTMENT APPEAL FROM JESSAMINE CIRCUIT COURT. I. The court erred in refusing to a^lmit* evidence that appellant was . afflicted with a disease called somnambulism. 2. It should have admitted evidence that his children had been sick, and he, in waiting upon them, had recently lost sleep. (Hamilton’s Lectures on Metaphysics, vol. I, 319; Wharton & Stille’s Med. Jour., sec. 482; Maudsly on Insanity, 484; Brown’s Med.-Juris. Insanity, 15; 14 Bush, 398; 3 B. Mon., 579.) 3. The court erred in instructing the jury. (Terrill v. The Commonwealth, 13 Bush, 255; 10 Bush, 499.)
1Opinion of the Court
JUDGE COFER
delivered the opinion of the court.
The appellant was indicted and tried for the murder of Henry Smith, a porter at the Veranda Hotel at Nicholas-ville. He was found guilty of manslaughter, and sentenced to confinement in the penitentiary for two years. From that judgment he prosecutes this appeal.
The prisoner and his friend George Welch went to the Veranda Hotel after dark on an evening in February. The weather was cold, and there was snow upon the ground. They sat down in the public room and went to sleep. In a short time Welch awoke, and, finding the deceased in the barber’s…
2Cited by24 opinions
- State v. CaddellSupreme Court of North Carolina · 1975
- State v. MercerSupreme Court of North Carolina · 1969
- Lewis v. StateSupreme Court of Georgia · 1943
- Staples v. CommonwealthKentucky Supreme Court · 2014
- State v. UtterCourt of Appeals of Washington · 1971
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