Philips v. Commonwealth
Court of Appeals of Kentucky
CASE 35 — INDICTMENT APPEAL EROH MERGER CIRCUIT COURT. cited 4 Bl. Comm., 184; 2 Kents Comm., 15; 7 J. J. M., 484; 1 Hawk. PI. Cr. Ch., 28, sec. 21; Foster on Horn., 273, 274; 14 B. Mon., 622. cited 15 B. Mon., 546; 1 Met., 379; 18 B. Mon., 53; 2 Starkie on Ev., 523. cited 18 B. Mon., 53. ' cited Civil Code, sec. 334; 14 B. Mon., 622.
1Opinion of the Court
JUDGE ROBERTSON
delivered the opinion oe the court:
Convicted and sentenced to be hung for killing, by pistol shots, his neighbor and wife’s cousin, Madison Miller, the appellant, Richard Philips, appeals to this court for a reversal of the judgment, because, as he says, he had not a fair trial— the jury being confused and misled by instructions both bewildering and erroneous.
In testing the instructions, every deduction which the jury might have been authorized to make from the testimony, *329must be assumed as a fact proved. Tried by this rule, the following facts characterize the case, as…
2Cited by6 opinions
- Kennedy v. CommonwealthCourt of Appeals of Kentucky · 1878
- People v. MacardMichigan Supreme Court · 1888
- Wright v. StateCourt of Criminal Appeals of Texas · 1899
- Commonwealth v. RudertCourt of Appeals of Kentucky · 1901
- Johnson v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1941
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