Fitzpatrick v. Commonwealth
Court of Appeals of Kentucky
Case 55 — INDICTMENT APPEAL JFR01I ADAIR (TRCCIT COURT. 1. The court erred in refusing to allow the defendants to prove that they were “weak-minded.” 2. It was error to refuse to instruct the jury that the defendants were; not guilty of murder unless they “ knew right from wrong, and had sufficient reason and power of control to govern their actions,” Hie proof authorizing such an instruction. 3. The defendants were entitled to instruction on the question of self-defense.
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Case 55 — INDICTMENT APPEAL JFR01I ADAIR (TRCCIT COURT. 1. The court erred in refusing to allow the defendants to prove that they were “weak-minded.” 2. It was error to refuse to instruct the jury that the defendants were; not guilty of murder unless they “ knew right from wrong, and had sufficient reason and power of control to govern their actions,” Hie proof authorizing such an instruction. 3. The defendants were entitled to instruction on the question of self-defense. Weakness of mind is no excuse for crime. The question was, whether the defendants understood at the time of the killing…
1Opinion of the CourtChief Justice Hargis
On the day of the August election, 1883, at Neatsville, in Adair county, while Miller Brewster, a man about fifty years old, was there, attending as a voter, as we suppose, he was accosted by Champ Fitzpatrick, who said to Brewster that he had told a lie on him. Brewster replied that he had not; but if he 'had, he would take it back. Fitzpatrick then said he had been talking about -him in the neighborhood. Brewster responded that he had not; but if he had, he would take it back, and did not want any trouble. Fitzpatrick then struck him in the mouth with *359his fist or hand, and knocked his hat…
2Cited by7 opinions
- Bast v. CommonwealthCourt of Appeals of Kentucky · 1907
- Maulding v. CommonwealthCourt of Appeals of Kentucky · 1916
- State v. NevaresNew Mexico Supreme Court · 1932
- Golden v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1938
- O'Hara v. CommonwealthCourt of Appeals of Kentucky · 1915
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