Graham v. Commonwealth
Court of Appeals of Kentucky
AFPEAL FROM M’CRACKEN CIRCUIT. The facts of the case are stated in the opinion of the court. — Rep. Argued that the circuit court had erred in refusing to give an instruction to the jury to the effect that if it doubted, upon the evidence, whether the appellant was or not insane at the time of the commission of the homicide alletlged in the indictment, that the prisoner was entitled to the benefit of that doubt, and they should acquit him.
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AFPEAL FROM M’CRACKEN CIRCUIT. The facts of the case are stated in the opinion of the court. — Rep. Argued that the circuit court had erred in refusing to give an instruction to the jury to the effect that if it doubted, upon the evidence, whether the appellant was or not insane at the time of the commission of the homicide alletlged in the indictment, that the prisoner was entitled to the benefit of that doubt, and they should acquit him. That though the proof of insanity devolved upon the accused, yet when proof conducing to show insanity was offered, and the fact of insanity rendered…
1Opinion of the Court
Judge Stites
delivered the opinion of the Court.
At the November term, 1855, of the McCracken circuit court, John Graham was tried and convicted of the murder of his wife.
The defense relied on by the prisoner was insanity at the time of the commission of the act, and some evidence was introduced in support of that defense. After the evidence was closed, the prisoner’s counsel moved the following instruction: “That if the jury believed from the evidence that there was a rational doubt growing out of the evidence, as to whether Graham was insane, or non compos mentis, at the time he committed the…
2Cited by14 opinions
- Payne v. CommonwealthCourt of Appeals of Kentucky · 1858
- State v. LewisNevada Supreme Court · 1889
- State v. PeelMontana Supreme Court · 1899
- Brown v. CommonwealthCourt of Appeals of Kentucky · 1878
- Berry v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1929
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