Bush v. Commonwealth
Court of Appeals of Kentucky
Case 56—INDICTMENT APPEAL FROM FAYETTE CIRCUIT COURT. I. The instructions were prejudicial to appellant. He was entitled to an instruction as to involuntary manslaughter. (21 Alabama, 300; I Lewin C. C., 1C4.) •2. He was entitled to an instruction that death must have resulted from the wound alone. (Wharton’s Crim. Law, 7Ü1 rev. ed., 751, sec. 3.) 'The court erred in defining malice. Whether there was malice or not, should have been left to the jury.
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Case 56—INDICTMENT APPEAL FROM FAYETTE CIRCUIT COURT. I. The instructions were prejudicial to appellant. He was entitled to an instruction as to involuntary manslaughter. (21 Alabama, 300; I Lewin C. C., 1C4.) •2. He was entitled to an instruction that death must have resulted from the wound alone. (Wharton’s Crim. Law, 7Ü1 rev. ed., 751, sec. 3.) 'The court erred in defining malice. Whether there was malice or not, should have been left to the jury. (53 N. Y.; Buckner v. Commonwealth, 14 Bush; Coppage v. Same, 3 Ibid, 532; Kennedy v. Same, 14 Bush; Maher v. People, 10 Mich.; Stokes v.…
1Opinion of the Court
JUDGE HINES
delivered the opinion of the court.
For the purpose of testing the correctness of the instructions, we will assume that every deduction that the jury were-authorized from the evidence to make, is a fact established by the evidence.
The jury might have found, 1st, that the girl was accidentally shot by appellant in an attempt to shoot, in necessary self-defense, her father; 2d, that the accused had the pistol in his hand for defense from an anticipated assault, and that the shot producing the wound was unintentional, both as to the firing of the pistol and as to the person wounded;…
2Cases cited1 opinion
- Buckner v. CommonwealthCourt of Appeals of Kentucky · 1879
3Cited by37 opinions
- Bush v. KentuckySupreme Court of the United States · 1883
- People v. McGeeCalifornia Supreme Court · 1947
- Watson v. StateSupreme Court of Georgia · 1902
- People v. LewisCalifornia Supreme Court · 1899
- Stephenson v. StateIndiana Supreme Court · 1932
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