Eversole v. Commonwealth
Court of Appeals of Kentucky
Case 107 — INDICTMENT APPEAL FROM OLAY CIRCUIT COURT. 1. The court erred in instructing the jury that it was the duty of appellant, when assaulted in his own home, to ‘‘escape” the danger brought on by the deceased.
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Case 107 — INDICTMENT APPEAL FROM OLAY CIRCUIT COURT. 1. The court erred in instructing the jury that it was the duty of appellant, when assaulted in his own home, to ‘‘escape” the danger brought on by the deceased. (Wright v. Commonwealth, 85 Ky., 128; Estep v. Commonwealth, 86 Ky., 39; Trimble v. Commonwealth, 78 Ky., 176.) 2. It was error to permit Mrs. Potter to testify that t'he defendant came to her house at night, that he was excited and said, “Don’t let them kill me, I have killed two men.” This testimony formed no part of the res gestae. (Greenleaf on Evidence, vol. 1, p. 144, sec.…
1Opinion of the Court
JUDGE LEWIS
DELIVERED THE OPINION OB THE COURT.
• Joseph Eversole was indicted for murder of John Herd, but convicted of manslaughter and sentenced to confinement in the penitentiary for twenty-one years.
It appears that Saturday, next before the killing, which occurred on Monday, Herd, accompanied by his wife, a sister of Eversole’s wife, went to the house of the latter. .Next day, Sunday, the two wives went to a house of religious worship, while the two husbands went to some other place in search of whisky. On their way back they stopped at the church house and met a man named Hacker, who…
2Cited by14 opinions
- Beard v. United StatesSupreme Court of the United States · 1895
- Price v. StateCourt of Criminal Appeals of Oklahoma · 1908
- Kirk v. Territory of OklahomaSupreme Court of Oklahoma · 1900
- Utterback v. CommonwealthCourt of Appeals of Kentucky · 1899
- Buckles v. CommonwealthCourt of Appeals of Kentucky · 1902
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