Legal Opinion

Utterback v. Commonwealth

Court of Appeals of Kentucky

Decided February 17, 1899PublishedCited by 25 opinions

Case 92 — INDICTMENT FOR HOMICIDE 1. The record shows that appellant killed Dudley Clinkenbeard in his necessary self defense. 2 The court erred in giving instruction No. 1 to the jury. Gill v. Com., 18 Ky. Law Rep., 562. 3. The court erred in instructing the jury as to the law of self-defense as contained in instruction No. 2. Gill v. Com., 18 Ky. Law Rep., 562; Allen v. Com., 86 Ky., 647; Cockrill v. Com., 95 Ky., 22; Mallicoat v. Com., 16 Ky.

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Case 92 — INDICTMENT FOR HOMICIDE 1. The record shows that appellant killed Dudley Clinkenbeard in his necessary self defense. 2 The court erred in giving instruction No. 1 to the jury. Gill v. Com., 18 Ky. Law Rep., 562. 3. The court erred in instructing the jury as to the law of self-defense as contained in instruction No. 2. Gill v. Com., 18 Ky. Law Rep., 562; Allen v. Com., 86 Ky., 647; Cockrill v. Com., 95 Ky., 22; Mallicoat v. Com., 16 Ky. Law Rep., 359; Roe v. Com., 6 Ky. Law Rep., 364; Campbell v. Commonwealth, 88 Ky., 402; Estep v. Com., 86 Ky., 44; Trusty v. Com., 19 Ky. Law Rep.,…

1Opinion of the Court

JUDGE HOBSON

delivered the opinion of the court.

The appellant, Hezekiah Utterback, was indicted in the Bourbon Circuit Court for the murder of Dudley Clinkenbeard, and having been found guilty of manslaughter, and his punishment fixed at five years in the penitentiary, he seeks by this appeal a reversal of the judgment against him.

The first point made is that he was not arraigned, and did not waive arraignment. The facts about this are that after the jury were sworn and some testimony heard, it was remembered that the indictment had not been read, and no plea entered for the defendant. The…

2Cases cited3 opinions

  1. Eversole v. CommonwealthCourt of Appeals of Kentucky · 1894
  2. Baker v. CommonwealthCourt of Appeals of Kentucky · 1892
  3. Estep v. CommonwealthCourt of Appeals of Kentucky · 1887

3Cited by25 opinions

  1. Springer v. CommonwealthKentucky Supreme Court · 1999
  2. Cooper v. StateTennessee Supreme Court · 1909
  3. Leeper v. StateWyoming Supreme Court · 1979
  4. Stacey v. CommonwealthCourt of Appeals of Kentucky · 1920
  5. State v. ChildersOhio Supreme Court · 1938

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