Vaughan v. Commonwealth
Court of Appeals of Kentucky
Case 60 —INDICTMENT APPEAL FROM FLOYD CIRCUIT COURT. 1. One previously threatened and assaulted may hear arms openly to protect himself, and on casually meeting his adversary, and having reasonable grounds to believe that his life is in immediate danger, and that there are no apparently safe means of escape, may take the life of his adversary without waiting to be attacked.
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Case 60 —INDICTMENT APPEAL FROM FLOYD CIRCUIT COURT. 1. One previously threatened and assaulted may hear arms openly to protect himself, and on casually meeting his adversary, and having reasonable grounds to believe that his life is in immediate danger, and that there are no apparently safe means of escape, may take the life of his adversary without waiting to be attacked. (Oder v. Commonwealth, 80 Ky., 36; Bohannan v. Commonwealth, 8 Bush, 481; Lusby v. Commonwealth, 12 Bush, 1.) 2. When the accused has used proper diligence to secure the attendance of a witness whose testimony is material,…
1Opinion of the Court
JUDGE BENNETT
delivered the opinion oe the court.
Tlie appellant was indicted in tlie Floyd Circuit Court for tlie murder of Robert Stephens. His trial resulted in Ms conviction of the crime of manslaughter. . His motion for a new trial having been overruled, he has appealed to this court.
Richard Ward was the only witness for the Commonwealth that saw the difficulty between the appellant and Robert Stephens. This witness states that he and Robert Stephens, on Sunday morning, were on their *433way to church; that they had left the public road, and were walking along a small pathway which led near…
2Cited by5 opinions
- Gleason v. CommonwealthCourt of Appeals of Kentucky · 1911
- Starr v. CommonwealthCourt of Appeals of Kentucky · 1895
- Coyle v. CommonwealthCourt of Appeals of Kentucky · 1906
- Barnes v. CommonwealthCourt of Appeals of Kentucky · 1901
- Stean v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1937