Commonwealth v. Heath
Court of Appeals of Kentucky
Case 32 —INDICTMENT APPEAL FROM WHITLEY CIRCUIT COURT. 1. Any act of a defendant growing out of or being a part of the same transaction upon which the indictm-ent was ba-sed, is included in. the charge, and the defendant should come into court prepared to defend himself against every phase of the transaction.
Read the full summary
Case 32 —INDICTMENT APPEAL FROM WHITLEY CIRCUIT COURT. 1. Any act of a defendant growing out of or being a part of the same transaction upon which the indictm-ent was ba-sed, is included in. the charge, and the defendant should come into court prepared to defend himself against every phase of the transaction. (Commonwealth v. Duncan, 91 Ky., 592.) 2. One charged with a violation of the law, by an -indictment sufficiently explicit to -inform him of the transaction about and for which he is to be -tried, mns-t winen h-e admits a portion of the transaction show himself guiltless in every phase…
1Opinion of the Court
JUDGE LANDES
delivered the opiniox oe the court.
The appellee was indicted and tried in the Pulaski Circuit Court upon a charge under section 1166 of the Kentucky Statutes of willfully and maliciously shooting and wounding A. J. Beatie with a pistol with the intention to kill him.
The court instructed the jury properly under said section, and upon the right of self-defense, and also gave an instruction under section 1242 of the Kentucky Statutes with regard to unlawful shooting and wounding in sudden affray, or sudden heat and passion, without previous malice, after which the attorney for the…
2Cases cited7 opinions
- Commonwealth v. MagowanCourt of Appeals of Kentucky · 1858
- Guedel v. PeopleIllinois Supreme Court · 1867
- Commonwealth v. DuncanCourt of Appeals of Kentucky · 1891
- Erwin v. CommonwealthCourt of Appeals of Kentucky · 1895
- Stephenson v. StateCourt of Criminal Appeals of Texas · 1894
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Housman v. CommonwealthCourt of Appeals of Kentucky · 1908
- Allison v. CommonwealthCourt of Appeals of Kentucky · 1922
- Burgess v. CommonwealthCourt of Appeals of Kentucky · 1917
- Pack v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1940
- Coates v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1930
3 more not listed; retrieve them via the Exa API.