True v. Commonwealth
Court of Appeals of Kentucky
Case 104 — INDICTMENT APPEAL PROM SCOTT CIRCUIT COURT. It was error to instruct the jury that they might convict if they believed defendant approved of or consented to the shooting of the deceased. (Plummer v. Commonwealth, 1 Bush, 76.) No brief in record.
1Opinion of the Court
JUDGE LEWIS
delivered the opinion op the court.
Under a joint indictment for murder of James W. Robertson against Samuel Sellers and William True the latter, tried separately, was convicted of manslaughter, and prosecutes this appeal.
The circumstances attending the homicide actually committed by Sellers are about as follows : While church services were going on at night in what is called Muddy Ford Church, certain persons outside the building made such loud noise by swearing, and, as one witness says, worse, as to disturb the preacher, who requested some one of the congregation to go out and…
2Cited by11 opinions
- Levering v. CommonwealthCourt of Appeals of Kentucky · 1909
- United States v. JacksonUnited States Court of Military Appeals · 1955
- State v. PeasleyWashington Supreme Court · 1914
- Harper v. StateMississippi Supreme Court · 1903
- United States v. BurroughsUnited States Court of Military Appeals · 1982
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