Legal Opinion

Sparks v. Commonwealth

Court of Appeals of Kentucky

Decided May 26, 1885PublishedCited by 15 opinions

* Case 96 — APPEAL FROM LAUREL CIRCUIT COURT. 1. It is the duty of the court in a criminal case to give the whole law, whether asked or not. (Blim v. Commonwealth, 7 Bush, 327; Brady v. Commonwealth, 11 lb., 285-6.) 2. In arriving at the guilt or innocence of accused, the jury should be instructed to take into consideration all .the facts and circumstances proven.

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* Case 96 — APPEAL FROM LAUREL CIRCUIT COURT. 1. It is the duty of the court in a criminal case to give the whole law, whether asked or not. (Blim v. Commonwealth, 7 Bush, 327; Brady v. Commonwealth, 11 lb., 285-6.) 2. In arriving at the guilt or innocence of accused, the jury should be instructed to take into consideration all .the facts and circumstances proven. (Lightfoot v. Commonwealth, 80 ICy., 516.) 3. "Where the jury is in doubt as to criminal intent, the same should he solved by proof of good character. (United States v. Allen, 10 Biss., 90; 14 Cr. Law Mag., 760.) 4. To excuse a…

1Opinion of the Court

JUDGE LEWIS

DELIVERED THE OPINION OF THE COURT.

James Sparks and* William C. Craves having been tried together, each convicted of manslaughter, and sentenced to the penitentiary for twenty-one years under a joint indictment, charging them and one William Hodges with the murder of Walter Killion in pursuance of a previous conspiracy, prosecute this appeal. Hodges, demanding a separate trial, is not a party to the appeal.

The homicide was committed in a small village in Laurel county, called Lilly, a railway station, in front of and near to a storehouse where appellants, as partners, were engaged…

2Cited by15 opinions

  1. Ellis v. CommonwealthCourt of Appeals of Kentucky · 1912
  2. McCandless v. CommonwealthCourt of Appeals of Kentucky · 1916
  3. Godwin v. StateCourt of Criminal Appeals of Texas · 1897
  4. Commonwealth v. DonoghueCourt of Appeals of Kentucky (pre-1976) · 1933
  5. Brooks v. CommonwealthCourt of Appeals of Kentucky · 1896

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