Austin v. Commonwealth
Court of Appeals of Kentucky
CASE 8. — PROSECUTION AGAINST ANDERSON AUSTIN FOR HOMICIDE. Appeal from Allen Circuit Court. John M. Galloway, Circuit Judge. Defendant convicted and appeals.
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CASE 8. — PROSECUTION AGAINST ANDERSON AUSTIN FOR HOMICIDE. Appeal from Allen Circuit Court. John M. Galloway, Circuit Judge. Defendant convicted and appeals. Our contention is: — 1. The court erred in admitting incompetent evidence. 2. The court failed to properly instruct the jury. 3. Misconduct of Counsel for the Commonwealth in argument to the jury in saying that “the' crack of the pistol; the roar of the shotgun, and the gleam of the' dagger,” is what has brought Kentucky in disrepute abroad, and in saying further thát the proof shows the appellant was in a forty acre field at the time…
1Opinion of the Court
*57Opinion op the Court by
Judge O’Rear
Affirming;.
The judgment of conviction of appellant was reversed on a former appeal because the trial court failed to properly instruct the jury as to the law of self-defense. 91 S. W. 267, 28 Ky. Law Rep. 1087. On a retrial of the ease the instruction indicated in the opinion as proper was given. The appellant was again convicted. On this appeal it is insisted that the effect of the self-defense instruction was nullified by a failure to properly state in the manslaughter instruction (under which defendant was found guilty) that one’s right to act in his…
2Cases cited2 opinions
- Fuqua v. CommonwealthCourt of Appeals of Kentucky · 1904
- Kean v. CommonwealthCourt of Appeals of Kentucky · 1873
3Cited by9 opinions
- Home Laundry Co. v. CookCourt of Appeals of Kentucky (pre-1976) · 1939
- Moore v. CommonwealthCourt of Appeals of Kentucky · 1911
- Babey v. CommonwealthCourt of Appeals of Kentucky · 1916
- Denny v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1938
- Quinlan v. CommonwealthCourt of Appeals of Kentucky · 1912
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