Legal Opinion

Commonwealth v. Mudd

Court of Appeals of Kentucky (pre-1976)

Decided March 6, 1953PublishedCited by 13 opinions

1Opinion of the Court

COMBS, Justice.

William Mudd was shot in the arm by a state game warden. He filed claim for damages with the Kentucky Board of Claims, and the Board, after hearing, dismissed the claim. On appeal to the Franklin Circuit Court the order of the Board was set aside and judgment entered for Mudd in the amount of $5000.

The evidence is conflicting as to how the shooting occurred. The evidence for the Commonwealth is that the warden shot Mudd in self-defense while attempting to arrest him for illegal fishing. According to Mudd and his witnesses he was shot without provocation or cause. There is…

2Cases cited2 opinions

  1. Shrader v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1949
  2. Morrison v. Department of HighwaysCourt of Appeals of Kentucky · 1952

3Cited by13 opinions

  1. Kentucky State Racing Commission v. FullerCourt of Appeals of Kentucky (pre-1976) · 1972
  2. Gaither v. Justice & Public Safety CabinetKentucky Supreme Court · 2014
  3. Commonwealth Department of Highways v. General & Excess Insurance Co.Court of Appeals of Kentucky (pre-1976) · 1962
  4. Commonwealth, Department of Highways v. Automobile Club Insurance Co.Court of Appeals of Kentucky (pre-1976) · 1971
  5. Department for Human Resources v. RedmonCourt of Appeals of Kentucky · 1980

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