Ball v. Commonwealth
Court of Appeals of Kentucky
Case 107 — INDICTMENT APPEAL EROM MERCER CIRCUIT COURT. The proof clearly shows that appellant is insane, and therefore the jury should have found him not guilty. The burden of proof is upon the Commonwealth to establish every element to make out a case of crime against the accused. The presumption of the sanity of accused does not exist, and it is for the Commonwealth to > prove the fact of the sanity before ho can be convicted. The court erred in its instructions. (Orim.
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Case 107 — INDICTMENT APPEAL EROM MERCER CIRCUIT COURT. The proof clearly shows that appellant is insane, and therefore the jury should have found him not guilty. The burden of proof is upon the Commonwealth to establish every element to make out a case of crime against the accused. The presumption of the sanity of accused does not exist, and it is for the Commonwealth to > prove the fact of the sanity before ho can be convicted. The court erred in its instructions. (Orim. Code, secs. 289, 175, 14; 2 Met., 23; Bedfield on Const. Wills, 40; 6 Bush, 316; 1 Duv., 225; Sickles case; 4 Blackstone,…
1Opinion of the Court
JUDGE HINES
DELIVERED THE OPINION OF THIS COURT.
On an indictment for murder appellant was found guilty of manslaughter and sentenced to the penitentiary for four years.
There was some proof tending to show insanity in appellant, and it is upon the law in reference to the' burthen of proof in such cases that the main question arises. The instruction by the court below placed the burthen of establishing insanity, by preponderance of evidence, upon appellant, while it is contended that sanity, being an essential element in the crime charged, should be established by the Commonwealth, to the…
2Cases cited3 opinions
- Payne v. CommonwealthCourt of Appeals of Kentucky · 1858
- Brown v. CommonwealthCourt of Appeals of Kentucky · 1878
- Trimble v. CommonwealthCourt of Appeals of Kentucky · 1879
3Cited by11 opinions
- State v. LewisNevada Supreme Court · 1889
- Moore v. CommonwealthCourt of Appeals of Kentucky · 1892
- Berry v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1929
- Mathley v. CommonwealthCourt of Appeals of Kentucky · 1905
- Cannon v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1932
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