Legal Opinion

Donnellan v. Commonwealth

Court of Appeals of Kentucky

Decided May 25, 1870PublishedCited by 8 opinions

Case 74 —INDICTMENT APPEAL PROM BOURBON CIRCUIT COURT. CITED Statute of 23 Henry VIII. (1531), as to Homicides. Bishop on Criminal Procedure, side-page 503. 1 Russell on Crimes, side-pages 440,447. Wharton on Homicide, Selfridge’s case, 417-18. 2 Bishop on Crimes, note 1, side-pages 729, 723. 1 ibicl. 25 Mississippi, 383, Preston v. The State. 4 Dev. & Bat. 491, State v. Hill. Criminal Code, sections 275-6, 334.

1Opinion of the Court

JHDGE HARDIN

delivered the opinion op the court.

The appellant, having been tried, convicted of the crime of manslaughter, and sentenced to confinement in the penitentiary for two years, on an indictment for the murder of William H. Woollums, prosecutes this appeal for a reversal of the judgment.

It appears that in a rencounter in the city of Lexington, Woollums was shot by the appellant and killed; and with reference to the facts and circumstances of the killing, as disclosed on the trial, the court, in instructions given to the jury at the instance of the commonwealth, ruled and decided, in…

2Cases cited1 opinion

  1. Payne v. CommonwealthCourt of Appeals of Kentucky · 1858

3Cited by8 opinions

  1. State v. HockettSupreme Court of Iowa · 1886
  2. Starr v. PeopleSupreme Court of Colorado · 1892
  3. Farris v. CommonwealthCourt of Appeals of Kentucky · 1878
  4. Territory v. HartMontana Supreme Court · 1888
  5. Jennings v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1930

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