Buckner v. Commonwealth
Court of Appeals of Kentucky
Case 29 — INDICTMENT APPEAL PROM PAYETTE CIRCUIT COURT. 1. The jury, on the facts proved in this case, ought to have .been instructed as to the law of involuntary homicide. (Conner v. Commonwealth, 13 Bush, 714.) 2. The court erred in instructing the jury that malice is “implied by law from any deliberate, cruel act,” etc.
Read the full summary
Case 29 — INDICTMENT APPEAL PROM PAYETTE CIRCUIT COURT. 1. The jury, on the facts proved in this case, ought to have .been instructed as to the law of involuntary homicide. (Conner v. Commonwealth, 13 Bush, 714.) 2. The court erred in instructing the jury that malice is “implied by law from any deliberate, cruel act,” etc. (Farris v. Commonwealth, 14 Bush, 362.) 3. The indictment should be sufficient to enable defendant to prepare to meet the charge, and constitute a good bar to another prosecution. (Commonwealth v. McAtee, 7 Dana, 29; White v. Commonwealth, 9 Bush, 179.)
1Opinion of the Court
JUDGE HINES
delivered the opinion of the court.
Appellant was indicted for murder, and on trial was convicted of manslaughter and sentenced to the penitentiary for nine years.
The main question' on this appeal is, whether the court below erred in instructing, or in refusing to instruct the jury. Instructions were given in which the law of murder and of voluntary manslaughter was properly presented, but no effort was made to give the jury the law of involuntary manslaughter; and that is the principal ground of complaint by counsel for appellant.
The government may carve out of any transaction of a…
2Cases cited2 opinions
- Conner v. CommonwealthCourt of Appeals of Kentucky · 1878
- Farris v. CommonwealthCourt of Appeals of Kentucky · 1878
3Cited by12 opinions
- Powers v. CommonwealthCourt of Appeals of Kentucky · 1901
- Housman v. CommonwealthCourt of Appeals of Kentucky · 1908
- Bast v. CommonwealthCourt of Appeals of Kentucky · 1907
- Bush v. CommonwealthCourt of Appeals of Kentucky · 1880
- Kent v. the PeopleSupreme Court of Colorado · 1885
7 more not listed; retrieve them via the Exa API.