Robinson v. Commonwealth
Court of Appeals of Kentucky
APPEAL FROM ADAIR CIRCUIT. The facts of the case are stated in the opinion of the court. — Rep. The counsel for the appellant asked the circuit court to modify the instruction asked for by the prosecution, to the effect that unless they believed from the evidence, that the shooting was done with malice aforethought or of premeditation, &c., and if done in the heat of passion in an affray, or under such circumstances as would have amounted to manslaughter only, if death had…
Read the full summary
APPEAL FROM ADAIR CIRCUIT. The facts of the case are stated in the opinion of the court. — Rep. The counsel for the appellant asked the circuit court to modify the instruction asked for by the prosecution, to the effect that unless they believed from the evidence, that the shooting was done with malice aforethought or of premeditation, &c., and if done in the heat of passion in an affray, or under such circumstances as would have amounted to manslaughter only, if death had ensued, they should acquit the prisoner. The court refused so to modify the instruction, and exceptions were taken upon…
1Opinion of the Court
Judge Crenshaw
delivered the opinion of the Court.
By the lsi sec. of the Ylth art. Rev. Stat., p. 264, it is provided, that, “If any person unlawfully shoot at another, with intent to kill or wound such person, without inflicting a wound, he shall be fined not exceeding five hundred dollars, and imprisoned not less than six, nor more than twelve months.”
Under this provision an indictment was found, in the Adair Circuit Court, against James J. Robinson. The indictment charges that the defendant “did unlawfully and maliciously shoot at one Lee Coomer, with intent to kill and murder him, (the…
2Cited by5 opinions
- Williams v. StateSupreme Court of Florida · 1899
- State v. BurwellSupreme Court of Kansas · 1885
- State v. ButmanSupreme Court of New Hampshire · 1861
- Blackerby v. CommonwealthCourt of Appeals of Kentucky · 1923
- Pennington v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1935