Miller v. Commonwealth
Court of Appeals of Kentucky
* Case 97 — AOTEAL 3?ROM LAUREL CIRCUIT COURT. 1. The court should have granted a new trial, because the jury found ■ their verdict by lot; and while this court has held in Redmon v. •Commonwealth, 82 Ky., 334 (overruling P. & E. R. Co. v. Commonwealth, 80 Ky., 150), that it has no jurisdiction to reverse for such an error, it seems that there should be a reversal for any error prejudicial to the substantial rights of the defendant.
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* Case 97 — AOTEAL 3?ROM LAUREL CIRCUIT COURT. 1. The court should have granted a new trial, because the jury found ■ their verdict by lot; and while this court has held in Redmon v. •Commonwealth, 82 Ky., 334 (overruling P. & E. R. Co. v. Commonwealth, 80 Ky., 150), that it has no jurisdiction to reverse for such an error, it seems that there should be a reversal for any error prejudicial to the substantial rights of the defendant. (Amendment to section 340 of Civil Code.) ' 2. The coui’t should have allowed the defendant to prove that he had advised the absent witnesses to remain in…
1Opinion of the Court
CHIRP JUSTICE LEWIS
delivered the opinion op the court.
Henry Miller and John Bosse having been jointly indicted for the murder of Larkin Bird, and convicted of manslaughter, prosecute this appeal.
It appears the deceased, whose reputation was proved to have been that of a quarrelsome and dangerous man, had, a short time before getting to the place he was killed, drawn his pistol on three men and fired at another. Unless the result of the aimless wandering-of a restless drunken man, for he was under the influence of liquor, there is nothing to satisfactorily show why the deceased stopped at the…
2Cases cited1 opinion
- Hart v. CommonwealthCourt of Appeals of Kentucky · 1887
3Cited by7 opinions
- McCandless v. CommonwealthCourt of Appeals of Kentucky · 1916
- Hargis v. CommonwealthCourt of Appeals of Kentucky · 1909
- Jones v. CommonwealthCourt of Appeals of Kentucky · 1921
- Martin v. CommonwealthCourt of Appeals of Kentucky · 1917
- Hollingsworth v. WarnockCourt of Appeals of Kentucky · 1901
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