McCarty v. Commonwealth
Court of Appeals of Kentucky
Case 69 — William McCarty was Convicted of Murder and Appeals, , — Jan. 28 APPEAL PROM PAYETTE CIRCUIT COURT. Judgment Fixing Death Penalty.
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Case 69 — William McCarty was Convicted of Murder and Appeals, , — Jan. 28 APPEAL PROM PAYETTE CIRCUIT COURT. Judgment Fixing Death Penalty. Our contention is: 1. That at the time of the killing appellant was so mentally exercised over the discovery oí the infidelity of his wife as to be irresponsible for his acts. 2. At any rate, if guilty at all, he is only guilty of killing in sudden heat and passion and should not, under the evidence, have been found guilty of murder. 3. That the court erred in its instructions to the jury to the prejudice of appellant. 4. That the attorney for the…
1Opinion of the Court
Opinion of the court by
JUDGE O’REAR
— .Affirming.
Appellant was tried, indicted, and convicted of the crime of willful murder, and sentenced to death. He was found guilty of having maliciously and feloniously killed his wife by shooting her in ihe back. His defense, and the only defense, was that of insanity. There is no evidence in the record of any taint from this malady in appellant’s family, or in him previous or subsequent to the killing. No witness testified that, in his opinion, appellant was, or ever had *622been, insane. Appellant claimed that he had reason to believe that his wife had…
2Cases cited5 opinions
- Parsons v. StateSupreme Court of Alabama · 1886
- Moore v. CommonwealthCourt of Appeals of Kentucky · 1892
- Brown v. CommonwealthCourt of Appeals of Kentucky · 1878
- Graham v. CommonwealthCourt of Appeals of Kentucky · 1855
- Portwood v. CommonwealthCourt of Appeals of Kentucky · 1898
3Cited by14 opinions
- Smith v. StateMississippi Supreme Court · 1909
- Berry v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1929
- Banks v. CommonwealthCourt of Appeals of Kentucky · 1911
- State v. LauthOregon Supreme Court · 1905
- Arnold v. CommonwealthCourt of Appeals of Kentucky · 1922
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