Murphy v. Commonwealth
Court of Appeals of Kentucky
Case 88— INDICTMENT— APPEAL FROM MAGOFFIN CIRCUIT COURT. 1. Under an indictment for murder the defendant may introduce evidence of the insanity of his parents if there is evidence in the case tending to prove personal insanity by reason of the want of apparent motive at the time of the homicide. (People v. Smith, 31 Cal., 466.) 2. The statement of the physician that he examined appellant a day or two after the killing, and that he was then insane, was competent evidence.
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Case 88— INDICTMENT— APPEAL FROM MAGOFFIN CIRCUIT COURT. 1. Under an indictment for murder the defendant may introduce evidence of the insanity of his parents if there is evidence in the case tending to prove personal insanity by reason of the want of apparent motive at the time of the homicide. (People v. Smith, 31 Cal., 466.) 2. The statement of the physician that he examined appellant a day or two after the killing, and that he was then insane, was competent evidence. (Commonwealth v. Pomeroy, 117 Mass., 143; Wharton on Crim. Law, 8th ed., sec. 64.) 1. The court should have granted a…
1Opinion of the Court
JUDGE LEWIS
DELIVERED THE OPINION OF THE COURT.
Appellant, Logan Murphy, about nineteen years old, has been convicted and sentenced to be hanged for mur*487■der of Ms father, Isaac Murphy, at whose house he, though married about six weeks previously, was at the lime living.
According to the evidence, of which their is no contrariety, about dark the day of the homicide appellant, accompanied by his brother-in-law, returned home, bearing a turkey that he had killed while away, and which he asked to be cooked. In the language of witnesses he and his father had “ some words,” and he then went out •of…
2Cases cited1 opinion
- People v. SmithCalifornia Supreme Court · 1866
3Cited by9 opinions
- Bishop v. CommonwealthCourt of Appeals of Kentucky · 1901
- James v. StateSupreme Court of Alabama · 1915
- State v. RoselairOregon Supreme Court · 1910
- Commonwealth v. DaleSupreme Court of Pennsylvania · 1919
- Davidson v. CommonwealthCourt of Appeals of Kentucky · 1916
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