Wright v. Commonwealth
Court of Appeals of Kentucky
Case 19 —INDICTMENT APPEAL PROM LETCHER CIRCUIT COURT. The parties attempting to arrest the appellant and his brother were without authority to do so, and even if they had authority, did not attempt to exercise it in a lawful manner. Therefore, the appellant had the right to use such force as appeared to him at the time to be necessary to protect himself or family or guests from loss of life or great bodily harm, and the court should have so instructed the jury.
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Case 19 —INDICTMENT APPEAL PROM LETCHER CIRCUIT COURT. The parties attempting to arrest the appellant and his brother were without authority to do so, and even if they had authority, did not attempt to exercise it in a lawful manner. Therefore, the appellant had the right to use such force as appeared to him at the time to be necessary to protect himself or family or guests from loss of life or great bodily harm, and the court should have so instructed the jury. No brief in record.
1Opinion of the Court
JUDGE LEWIS
DELIVERED THE OPINION OF THE COURT.
' Appellant having, under a joint indictment against Mm and Ms brother Elijah Wright, for the murder *125of William Wright, been convicted of manslaughter and sentenced to the penitentiary for twenty-one years, appeals.
The homicide occurred between nine and ten o’clock at night, on the premises of appellant, near his dwelling-house, where the deceased, who was his uncle, had gone, accompanied by ten others, all but four being relatives and two of them brothers of appellant. It appears that all the party, except the deceased and one other, was armed…
2Cited by32 opinions
- State v. PhillipsSupreme Court of Iowa · 1902
- The People v. ScalisiIllinois Supreme Court · 1926
- Turner v. CommonwealthCourt of Appeals of Kentucky · 1921
- Collegenia v. StateCourt of Criminal Appeals of Oklahoma · 1913
- Martin v. HouckSupreme Court of North Carolina · 1906
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