Hellard v. Commonwealth
Court of Appeals of Kentucky
Case 53 — Prosecution of Henry Hellard for Manslaughter. APPEAL FROM ROCKCASTLE CIRCUIT COURT-M. D. JARVIS, CIRCUIT JUDGE.
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Case 53 — Prosecution of Henry Hellard for Manslaughter. APPEAL FROM ROCKCASTLE CIRCUIT COURT-M. D. JARVIS, CIRCUIT JUDGE. Defendant Convicted and Appeals. 1. We contend that the court erred in not allowing', ijhe defendant to prove the character of deceased for peace and quiet or for that of a dangerous man. 2. -The court erred in refusing to allow the defendant to ask a witness for the Commonwealth if he had not been impeached three times, and if he had not been convicted three times of moonshining. 3. The court erred in allowing the prosecuting witness to state that one Johnson, just after…
1Opinion of the Court
Opinion of the court by
JUDGE O’REAR
Affirming.
Appellant appeals from a judgment convicting Mm of ^manslaughter. The case, as made out by the prosecution, is that appellant either began an assault on the man he killed, Abe Brew, and prosecuted it up to the fatal shooting, or that he and the deceased mutually and willingly engaged in the affray resulting in the homicide. In either state of case appellant would be guilty of murder or manslaughter, dependent upon the presence or absence of malice on his part *448in engaging in the fight. Appellant’s version is that he was assaulted by the decedent,…
2Cited by7 opinions
- Pueblo v. SuttonSupreme Court of Puerto Rico · 1911
- Miller v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1932
- State v. GrahamSupreme Court of Minnesota · 1972
- Toncray v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1942
- Bice v. StateCourt of Criminal Appeals of Texas · 1907
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