Hardin v. Commonwealth
Court of Appeals of Kentucky
Case 82 — Jonah Hardin was Indicted and Convicted of Maliciously Shooting and Wounding Another with Intent to Kill. APPEAL FROM LOGAN CIRCUIT COURT. Defendant Convicted and Appeals.
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Case 82 — Jonah Hardin was Indicted and Convicted of Maliciously Shooting and Wounding Another with Intent to Kill. APPEAL FROM LOGAN CIRCUIT COURT. Defendant Convicted and Appeals. The first error complained of is that the court erred in its instruction to the jury in defining the statutory offense under which appellant was indicted, by adding words not in the statute, requiring the guilt of the defendant to depend on “circumstances reasonably calculated to etxcite Ms passions beyond his powers of self control." Our contention is that the statute does, not explicitly even authorize the jury,…
1Opinion of the Court
Opinion of thf court by
JUDGE NUNN
— Reversing.
The. appellant was tried in the Logan circuit court on an indictment charging him with unlawfully, wilfully, and maliciously shooting and wounding one Will Gaines, *724with the intent to kill said Gaines; and on the trial the 'evidence showed that the appellant was at the time the keeper of a poolroom in the town of Russellville, and Gaines and others were in front of his building, using boisterous, language, and that appellant went out of his room, on the pavement, where the parties were, and requested them to keep quiet or leave, and appellant and…
2Cases cited1 opinion
- Commonwealth v. YancyCourt of Appeals of Kentucky · 1866
3Cited by1 opinion
- Wallace v. CommonwealthCourt of Appeals of Kentucky · 1925