Cockrill v. Commonwealth
Court of Appeals of Kentucky
Case 5 — INDICTMENT APPEAL PROM ESTILL CIRCUIT COURT. 1. Instruction 3 is erroneous in that it excludes entirely from the consideration of the jury what appellant might have believed as to the danger or the reasonableness of that belief, and also in that it requires the jury, in order to acquit on the ground of self-defense, to believe that there was “ no other safe, or apparently safe, means of escape.” 2. Instruction 4 seems to assume that if appellant returned and renewed…
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Case 5 — INDICTMENT APPEAL PROM ESTILL CIRCUIT COURT. 1. Instruction 3 is erroneous in that it excludes entirely from the consideration of the jury what appellant might have believed as to the danger or the reasonableness of that belief, and also in that it requires the jury, in order to acquit on the ground of self-defense, to believe that there was “ no other safe, or apparently safe, means of escape.” 2. Instruction 4 seems to assume that if appellant returned and renewed the difficulty, he is cut off from all right of self-defense, even if the deceased used more force than was necessary…
1Opinion of the Court
■JUDGE HAZELBIGG
delivered the opinion of the court.
Upon liis fourth trial under an indictment-for the murder of James 'Amerine in Estill county, in November, 1887, the appellant was found guilty of manslaughter, :and sentenced to confinement in the penitentiary for the term of four years.
He insists that his conviction was at last secured by reason of the misinstruetion of the jury by the trial -court, the misconduct of the prosecuting attorney in his speech to the jury, and the misconduct of certain members of the jury during the trial.
Stated briefly, the Commonwealth’s proof established that…
2Cited by14 opinions
- Biggs v. CommonwealthCourt of Appeals of Kentucky · 1915
- Canter v. CommonwealthCourt of Appeals of Kentucky · 1917
- Reynolds v. CommonwealthCourt of Appeals of Kentucky · 1903
- Sizemore v. CommonwealthCourt of Appeals of Kentucky · 1914
- Slone v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1930
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