Cook v. Commonwealth
Court of Appeals of Kentucky
Case 88 — INDICTMENT APPEAL FROM WHITLEY CIRCUIT COURT. 1. Statement by Commonwealth’s Attorney in presence of the jury that the evidence of a witness was directly in conflict with his evidence before the grand jury was prejudicial to the accused, and warrants a reversal. 2. There being evidence tending to show that the shooting and wounding was done in necessary self-defense, the jury should have been instructed as to the law of self-defense. 'To authorize a reversal, there…
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Case 88 — INDICTMENT APPEAL FROM WHITLEY CIRCUIT COURT. 1. Statement by Commonwealth’s Attorney in presence of the jury that the evidence of a witness was directly in conflict with his evidence before the grand jury was prejudicial to the accused, and warrants a reversal. 2. There being evidence tending to show that the shooting and wounding was done in necessary self-defense, the jury should have been instructed as to the law of self-defense. 'To authorize a reversal, there must be some ruling of the court prejudicial to the accused and excepted to at the time.
1Opinion of the Court
JUDGE BENNETT
delivered the opinion of the court.
The trial of the appellant in the Whitley Circuit Court for willfully and maliciously shooting and wounding- Mase Owsley, with the intent to kill him, Owsley, resulted in the conviction of the appellant of the charge, and his punishment was fixed at confinement in the State Penitentiary for the term of one-year. His motion for a new trial having been overruled, he has appealed to this court. Two errors are assigned for a reversal of the case: First, the court erred in refusing to properly instruct the jury upon the subject of self-defense;…
2Cited by24 opinions
- Berger v. United StatesSupreme Court of the United States · 1935
- Willie Lee Stewart v. United StatesCourt of Appeals for the D.C. Circuit · 1957
- Deas v. StateSupreme Court of Florida · 1935
- Allen v. CommonwealthCourt of Appeals of Kentucky · 1917
- Holt v. CommonwealthKentucky Supreme Court · 2007
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