Wheeler v. Commonwealth
Court of Appeals of Kentucky
Case 89. — PROSECUTION 'AGAINST C. H. WHEELER, JOINTLY INDICTED WITH OTHERS FOR MURDER.— Appeal from Oldham Circuit Court. R. F. Peak, Circuit Judge.
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Case 89. — PROSECUTION 'AGAINST C. H. WHEELER, JOINTLY INDICTED WITH OTHERS FOR MURDER.— Appeal from Oldham Circuit Court. R. F. Peak, Circuit Judge. Defendant convicted of voluntary manslaughter and appeals. 1. Voluntary manslaughter is the unlawful intentional killing of another without malice. 2. The phrase “unlawful” is in no case essential unless it be a part of the description of the offense as defined by some statute; if the facts, as stated, be illegal, it is superfluous to allege it to be unlawful. 3. An aider or abettor is one who did not commit the act with his own hands, but was…
1Opinion of the Court
Opinion by
Judge Settle
Reversing.
William Kelly, his son, Maurice Kelly, Lucien Wheeler, and his son, C. H. Wheeler, were jointly indicted in the Oldham Circuit Court, charged with the murder of Jack Maxfield, whom they, or some of them, shot and killed May 1,1903. At the June term, 1904, of the court all the defendants were tried together for the crime charged, and the jury failed to agree upon a verdict; but at a subsequent term of the court there was a separate trial as to C. H. Wheeler, against whom the jury returned a verdict fin ding him guilty of voluntary manslaughter, and fixing his pun*702…
2Cases cited3 opinions
- Utterback v. CommonwealthCourt of Appeals of Kentucky · 1899
- City of Lexington v. Batson's Admr.Court of Appeals of Kentucky · 1904
- Hart v. CommonwealthCourt of Appeals of Kentucky · 1887
3Cited by19 opinions
- May v. CommonwealthCourt of Appeals of Kentucky · 1913
- Bradley v. CommonwealthCourt of Appeals of Kentucky · 1923
- Curtis v. CommonwealthCourt of Appeals of Kentucky · 1916
- Commonwealth v. SaylorCourt of Appeals of Kentucky · 1913
- Jones v. CommonwealthCourt of Appeals of Kentucky · 1921
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