Parsons v. Commonwealth
Court of Appeals of Kentucky
Case 21—INDICTMENT appeal from spencer circuit court. 1. If the appellant had reasonable grounds to believe his life was in imminent danger from the deceased, and he could secure his safety in no other way than by killing the deceased, he had the right to pursue and slay him. (Luby v. Commonwealth, 12 B., 1 ) 2. There should not have been given an instruction in regard to sudden heat and passion, as there was no proof to sustain it.
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Case 21—INDICTMENT appeal from spencer circuit court. 1. If the appellant had reasonable grounds to believe his life was in imminent danger from the deceased, and he could secure his safety in no other way than by killing the deceased, he had the right to pursue and slay him. (Luby v. Commonwealth, 12 B., 1 ) 2. There should not have been given an instruction in regard to sudden heat and passion, as there was no proof to sustain it. (Phillips v. Commonwealth, 2 Duv., 32S; Young v. Same, 12 Bush, 243; Bohannan v. Same, 8 Bush, 481 )
1Opinion of the Court
JUDGE HINES
delivered the opinion of the court.
From the evidence in this case, the jury were authorized to find that the deceased, Bryant, had repeatedly threatened to take the life of appellant, had lain in wait on two occasions or more, armed with a rifle gun, for the purpose of taking the life of appellant, and that he once shot at appellant for that purpose. At the time of the killing appellant was return*103ing from mill and near his own house. What passed between him and the deceased at the time is not known. One witness heard angry words, but could not distinguish them, and saw appellant…
2Cases cited1 opinion
- Kennedy v. CommonwealthCourt of Appeals of Kentucky · 1878
3Cited by5 opinions
- White v. CommonwealthCourt of Appeals of Kentucky · 1907
- Duke v. CommonwealthCourt of Appeals of Kentucky · 1921
- Commonwealth v. RudertCourt of Appeals of Kentucky · 1901
- Brown v. CommonwealthCourt of Appeals of Kentucky · 1879
- People v. LyonsNew York Court of Appeals · 1888