Kriel v. Commonwealth
Court of Appeals of Kentucky
CASE 17 — INDICTMENT FOR MURDER APPEAL FROM JEFFERSON CIRCUIT COURT. CITED— Criminal Code, secs. 327, 328, 334, 335, 242, 344, 124, 264, 629, 226. Civil Code, secs. 661, 633. 4 Stale Trials, 748; 6 lb., 259. 2 Russell on Grimes, pp. 926-7, 732-3, 828, 725. 1 lb., 481, 832; 2 Grecnleaf on Ev.,p. 673. 2 Phillips on Ev., 423, 759, 725. 3 Starkic on Ev.,p. 1736. 18 B. Mon., 792; Thurman vs. Virgin and wife. 4 Bibb, 349; Holy vs. McCay. 1 J. J. M., 422; Royal vs. Bryan. 4 B.…
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CASE 17 — INDICTMENT FOR MURDER APPEAL FROM JEFFERSON CIRCUIT COURT. CITED— Criminal Code, secs. 327, 328, 334, 335, 242, 344, 124, 264, 629, 226. Civil Code, secs. 661, 633. 4 Stale Trials, 748; 6 lb., 259. 2 Russell on Grimes, pp. 926-7, 732-3, 828, 725. 1 lb., 481, 832; 2 Grecnleaf on Ev.,p. 673. 2 Phillips on Ev., 423, 759, 725. 3 Starkic on Ev.,p. 1736. 18 B. Mon., 792; Thurman vs. Virgin and wife. 4 Bibb, 349; Holy vs. McCay. 1 J. J. M., 422; Royal vs. Bryan. 4 B. Mon., 476; Chrisman vs. Gregory's heirs. 4 B. Mon., 522. 6 J. J. Mar., 606 ; Fowler vs. Woodyard. 2 Bush, 82; Commonwealth…
1Opinion of the CourtChief Justice Williams
Wm. Kriel having been indicted, tried, and found guilty of the murder of his wife, has appealed to this court for a reversal of the judgment and sentence of death. His only defense was that of insanity, produced from habits of dissipation and excessive drinking of ardent spirits.
The following instructions were given to the jury at the instance of the plaintiff and defendant, and by the court of its own accord.
jFor the Commonwealth:
1. “Felonious homicide may be either murder or manslaughter.
2. “ Murder is the killing of a human being by another with malice aforethought.
3. “Malice, in its legal…
2Cases cited1 opinion
- Graham v. CommonwealthCourt of Appeals of Kentucky · 1855
3Cited by20 opinions
- State v. LewisNevada Supreme Court · 1889
- Brown v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1928
- Berry v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1929
- Banks v. CommonwealthCourt of Appeals of Kentucky · 1911
- Turner v. CommonwealthCourt of Appeals of Kentucky · 1915
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