Williams v. Commonwealth
Court of Appeals of Kentucky
Case 56 — INDICTMENT APPEAL FROM FAYETTE CIRCUIT COURT. ■1. It was the duty of the court to have instructed the jury in express . terms that, if they had a reasonable doubt that appellant was guilty, .he was entitled to an acquittal. And further, if they had a reason- ■ able doubt as to the degree of his offense, they must find him guilty ■ of the lower degree. (Sec. 23, Crim.
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Case 56 — INDICTMENT APPEAL FROM FAYETTE CIRCUIT COURT. ■1. It was the duty of the court to have instructed the jury in express . terms that, if they had a reasonable doubt that appellant was guilty, .he was entitled to an acquittal. And further, if they had a reason- ■ able doubt as to the degree of his offense, they must find him guilty ■ of the lower degree. (Sec. 23, Crim. Code; Mickey v. Common■wealth, 9 Bush, 597.) .2. It was the duty of the court to instruct as to the whole law of the ■ case. (79 Ky. Rep., 177.) 3. The instruction on pages 44-’5 of the record is error. 4. Appellant had…
1Opinion of the Court
JUDGE HARGIS
delivered the opinion of the court.
The appellant Williams, a common laborer, twenty-three-years old, unmarried, free from the excessive use of ardent spirits, and generally peaceable, having been indicted, tried in the Fayette circuit court, whither the venue had beea changed from Woodford county, where the act was done, and convicted of the offense of murder, and sentenced to-, the penitentiary for life, prosecutes this appeal.
The evidence tends to prove that Williams was paying his; addresses to a white servant girl living at the time in the-family of Frank Pierce, and that the…
2Cited by7 opinions
- Buckles v. CommonwealthCourt of Appeals of Kentucky · 1902
- Biggs v. CommonwealthCourt of Appeals of Kentucky · 1915
- Breeden v. CommonwealthCourt of Appeals of Kentucky · 1912
- Speaks v. CommonwealthCourt of Appeals of Kentucky · 1912
- Fields v. CommonwealthCourt of Appeals of Kentucky · 1884
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