Legal Opinion

Mitchell v. Commonwealth

Court of Appeals of Kentucky

Decided December 9, 1879PublishedCited by 14 opinions

Case 43—INDICTMENT APPEAL FROM MADISON CIRCUIT COURT. 1. The court erred in excluding evidence as to the bad character of Pratt two years before the trial. (46 Barb., 128; Am. Law Reg., N. S., vol. 6.) 2. Erred in instructing the jury, and in failing to instruct upon involuntary manslaughter. (Holloway v. The Commonwealth, 11 Bush, 346; Phillips v. Same, 2 Duv., 328; Young v. Same, 6 Bush, 312; Bohannon v. Same, 8 Ibid, 481; Conner v. Same, 13 Bush, 718; 1 Bishop’s. Crim.

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Case 43—INDICTMENT APPEAL FROM MADISON CIRCUIT COURT. 1. The court erred in excluding evidence as to the bad character of Pratt two years before the trial. (46 Barb., 128; Am. Law Reg., N. S., vol. 6.) 2. Erred in instructing the jury, and in failing to instruct upon involuntary manslaughter. (Holloway v. The Commonwealth, 11 Bush, 346; Phillips v. Same, 2 Duv., 328; Young v. Same, 6 Bush, 312; Bohannon v. Same, 8 Ibid, 481; Conner v. Same, 13 Bush, 718; 1 Bishop’s. Crim. Law, sec. 940; Buckner v. Same, 14 Bush, 601; Cicero Brown v. Same, MS. Opin., 1879.)

1Opinion of the Court

JUDGE HINES

delivered the opinion of the court.

Appellant, on an indictment for murder, was convicted, and sentenced to the penitentiary for life. On this appeal he complains—

First. That the court erred in rejecting important evidence ;

Second. In giving instructions; and

Third. In refusing to instruct the jury as to the law of' involuntary manslaughter.

As to the first objection: appellant offered to prove by C. K. Oldham that he knew the character of the witness Pratt-some two years prior to that time, and that, for truth, it was bad. The witness stated that he had lived in the same: *220■community…

2Cases cited2 opinions

  1. Young v. CommonwealthCourt of Appeals of Kentucky · 1869
  2. Manion's adm'r v. Lambert's adm'xCourt of Appeals of Kentucky · 1874

3Cited by14 opinions

  1. Shell v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1932
  2. Commonwealth v. HouriganCourt of Appeals of Kentucky · 1889
  3. Fletcher v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1931
  4. Combs v. CommonwealthCourt of Appeals of Kentucky · 1914
  5. Buse v. PageSupreme Court of Minnesota · 1884

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