Legal Opinion

Trimble v. Commonwealth

Court of Appeals of Kentucky

Decided November 15, 1879PublishedCited by 17 opinions

Case 36—INDICTMENT APPEAL FROM FAYETTE CIRCUIT COURT. 1. The court erred in failing to instruct the jury as to involuntary manslaughter. 2. The court, in giving an instruction which purported to define malice, erred to appellant’s prejudice. (Crim.

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Case 36—INDICTMENT APPEAL FROM FAYETTE CIRCUIT COURT. 1. The court erred in failing to instruct the jury as to involuntary manslaughter. 2. The court, in giving an instruction which purported to define malice, erred to appellant’s prejudice. (Crim. Code, secs. 180, 225, 262; Stokes v. People, 52 N. Y. Rep.; 10 Mich., 212; Farris v. Commonwealth, 14 Bush, 362; Van Tuyl v. Same, I Met,, 1; Carter v. Same, MS. Opin.; Blimm v. Same, 7 Bush; Kennedy v. Same, 14 Bush, 350;' Buckner v. Same, 14 Bush, 601; Jennings v. Same, MS. Opin., 1879;. Wharton’s Am. Crim. Law, 707.) 1. Appellant was not…

1Opinion of the Court

JUDGE HINES

delivered the opinion of the court.

Appellant was indicted for the murder of his brother, and sentenced to the penitentiary for life. From the evidence the jury were authorized to find, and we must assume it to be true, that the deceased, being of a quarrelsome and aggressive disposition, without provocation, assaulted and beat his little brother and sister, assaulted his father, who-interposed to protect them; and while the deceased was-*177engaged in the assault upon his sister, appellant approached with an axe, and on the deceased, with a grape-shot in his; hand, turning upon…

2Cases cited1 opinion

  1. Conner v. CommonwealthCourt of Appeals of Kentucky · 1878

3Cited by17 opinions

  1. Maulding v. CommonwealthCourt of Appeals of Kentucky · 1916
  2. Ochsner v. CommonwealthCourt of Appeals of Kentucky · 1908
  3. Ewing v. CommonwealthCourt of Appeals of Kentucky · 1908
  4. Westrup v. CommonwealthCourt of Appeals of Kentucky · 1906
  5. Buckles v. CommonwealthCourt of Appeals of Kentucky · 1902

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