Legal Opinion

Creighton v. Commonwealth

Court of Appeals of Kentucky

Decided June 11, 1885PublishedCited by 12 opinions

Case 21 — INDICTMENT— APPEAL PROM SCOTT CIRCUIT COURT. 1. The deceased was not marshal, either de jure or de facto, at the-time lie was killed. (Acts 1879, volume 2,- page 996; General Statutes, pages 683, 809, 811.) . 2. As to rights and liabilities of officers de facto and de jure. (Rod-man v. Harcourt, etc., 4 B. Mon., 224; Morgan v. Vance,'4 Bush, 323; Alsop v. Commonwealth, 4 Ky. Law Rep., 547; Mockabee v_ Commonwealth, 78 Ky., 380; York v. Commonwealth, 6 Ky.

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Case 21 — INDICTMENT— APPEAL PROM SCOTT CIRCUIT COURT. 1. The deceased was not marshal, either de jure or de facto, at the-time lie was killed. (Acts 1879, volume 2,- page 996; General Statutes, pages 683, 809, 811.) . 2. As to rights and liabilities of officers de facto and de jure. (Rod-man v. Harcourt, etc., 4 B. Mon., 224; Morgan v. Vance,'4 Bush, 323; Alsop v. Commonwealth, 4 Ky. Law Rep., 547; Mockabee v_ Commonwealth, 78 Ky., 380; York v. Commonwealth, 6 Ky. Law Rep., 334; Fleetwood v. Commonwealth, 80 Ky., 1; "Wharton’s-Criminal Law, vol. 1, pages 416-18; Criminal Code, sections 26,.…

1Opinion of the Court

JUDGE PRYOR

delivered the opinion of the court.

The appellant, James Creighton, was indicted, tried, and convicted of manslaughter, for the killing of one Ambrose Wilson, and sentenced to confinement in the State prison for twenty-one years.

The defense claimed that the deceased assaulted the accused, and the latter, in resisting the assault, used no more force than was necessary to protect his own person from bodily harm. The prosecution attempted to prove that the deceased, Wilson, at the time he was shot, was the town marshal óf Sadieville, and, as snch, had the right to arrest and. *144take…

2Cases cited1 opinion

  1. People v. HopsonCourt for the Trial of Impeachments and Correction of Errors · 1845

3Cited by12 opinions

  1. State ex rel. Berge v. LansingNebraska Supreme Court · 1895
  2. State v. AnselmoUtah Supreme Court · 1915
  3. Jett v. StateSupreme Court of Arkansas · 1922
  4. Creighton v. CommonwealthCourt of Appeals of Kentucky · 1886
  5. Lawson v. BurnettCourt of Appeals of Kentucky · 1971

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