Legal Opinion

Newcome v. Russell

Court of Appeals of Kentucky

Decided March 24, 1909PublishedCited by 11 opinions

Appeal from Marion Circuit Court. I. H. Thurman, Circuit'Judge. Judgment for plaintiff, defendant appeals POINTS AND AUTHORITIES. 1. It was not error for the court to admit the testimony of George Lake, Jr., as to a conversation that said Lake had with appellant on the subject of the shooting. 2. The jury were properly instructed. The court did not err in refusing to give the instruction cffiered, by appellant.

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Appeal from Marion Circuit Court. I. H. Thurman, Circuit'Judge. Judgment for plaintiff, defendant appeals POINTS AND AUTHORITIES. 1. It was not error for the court to admit the testimony of George Lake, Jr., as to a conversation that said Lake had with appellant on the subject of the shooting. 2. The jury were properly instructed. The court did not err in refusing to give the instruction cffiered, by appellant. Roberson’s Criminal Law of Kentucky, Vol. 2, p. 755; Mc^¡voy v. Cochran, 2 A. K. Marshall, 276; Ford v. Logan, 2 A. K. Marshall, 32,5; Robinson v. Hawkins, 4 T. B. Monroe, 135; Cox v…

1Opinion of the Court

Opinion of the Court by

Judge Carroll

Reversing.

*30In an action for assault and battery, the appellee recovered a judgment against appellant for $100. The facts are, briefly, these: The parties, who were neighbors, were not on good terms. The ill feeling between them was aggravated by an arrangement made by appellee with a party to pasture some cattle for him. In taking the cattle to pasture, it was necessary that they should be driven through the lands o f appellant, who objected to the cattle passing through his premises, and, to prevent them, had fastened his gate on the morning of the day the…

2Cases cited5 opinions

  1. Wright v. CommonwealthCourt of Appeals of Kentucky · 1887
  2. Utterback v. CommonwealthCourt of Appeals of Kentucky · 1899
  3. Watson v. CommonwealthCourt of Appeals of Kentucky · 1909
  4. Baker v. CommonwealthCourt of Appeals of Kentucky · 1892
  5. Estep v. CommonwealthCourt of Appeals of Kentucky · 1887

3Cited by11 opinions

  1. Brown Ex Rel. Brown v. MartinezNew Mexico Supreme Court · 1961
  2. Stacey v. CommonwealthCourt of Appeals of Kentucky · 1920
  3. State v. David G. BuckleySupreme Court of Vermont · 2016
  4. Johanson v. HuntsmanUtah Supreme Court · 1922
  5. Carroll v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1927

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