Legal Opinion

Campbell v. Commonwealth

Court of Appeals of Kentucky

Decided March 26, 1889PublishedCited by 13 opinions

Case 6d —INDICTMENT— APPEAL PROM .1 EPPERSON CIRCUIT COURT. 1. The beating and cruel treatment of one’s child may cause under the law such a heat of passion as to reduce a homicide to manslaughter. (12 Coke, 87; 1 Hawk., 125; 2 Croke, 296; 1 Hale, 453; 1 East, 237; t Blackstone, 449; Bey v. Harrington, 10 Cox, C. C. 370; Nicholas v. Commonwealth, 11 Bush, 586; Guffee v. State, 8 Tex.

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Case 6d —INDICTMENT— APPEAL PROM .1 EPPERSON CIRCUIT COURT. 1. The beating and cruel treatment of one’s child may cause under the law such a heat of passion as to reduce a homicide to manslaughter. (12 Coke, 87; 1 Hawk., 125; 2 Croke, 296; 1 Hale, 453; 1 East, 237; t Blackstone, 449; Bey v. Harrington, 10 Cox, C. C. 370; Nicholas v. Commonwealth, 11 Bush, 586; Guffee v. State, 8 Tex. Appeal; Biggs v. State, Hourigan, 749; Oliver v. State, 17 Ala., 507; Hill v. State, 5 Texas Appeal, 2; Cheek v. State, 35 Ind., 492; Waywright v. The State, 56 Ind., 122; Mehler-v. People, 81 Am. Dec., 781;…

1Opinion of the Court

JUDGE PRYOR

delivered the opinion of the court.

The appellant, Peter Campbell, was indicted by the grand jury of Jefferson county for the murder of his son-in-law, Michael Eady, the trial resulting in a verdict of manslaughter, with the punishment fixed at confinement in the State prison for the period of ten years. The deceased and the daughter of the accused had been married about five years, and, from the testimony in the case, it was not long after the marriage before his conduct toward his wife became cruel and inhuman. Iiis blows upon her person caused the premature birth of a child. She…

2Cases cited1 opinion

  1. Maher v. PeopleMichigan Supreme Court · 1862

3Cited by13 opinions

  1. Ordway v. CommonwealthKentucky Supreme Court · 2013
  2. Mortimore v. StateWyoming Supreme Court · 1916
  3. McHargue v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1929
  4. State v. TurnerSupreme Court of Missouri · 1912
  5. White v. CommonwealthCourt of Appeals of Kentucky · 1907

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