Fuqua v. Commonwealth
Court of Appeals of Kentucky
Case 73 — Prosecution against Lon Fuqua fob Murder. APPEAL FROM M’CRACKEN CIRCUIT COURT-W. M. REED, CIRCUIT JUDGE. Dependant Convicted and Appeals.
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Case 73 — Prosecution against Lon Fuqua fob Murder. APPEAL FROM M’CRACKEN CIRCUIT COURT-W. M. REED, CIRCUIT JUDGE. Dependant Convicted and Appeals. (The brief of appellant’s attorney is not in the record, and the reporter inserts the following from appellant’s petition for rehearing.) 1. The mere presence of a party at the commission of a homicide is not sufficient to constitute him a principal; there must bo something shown in his conduct which unmistakably evinces a design to encourage, incite, approve, or in some manner afford aid. Neither is a bystander responsible, even though he takes…
1Opinion of the Court
'Opinion of the court by
JUDGE SETTUS
Affirming.
This is an appeal from the judgment of the McCracken circuit court, entered upon the verdict of a jury finding the appellant, Lon Fuqua, guilty of the murder of George Gray, and fixing his punishment at confinement in the penitentiary for life. The indictment in the case charged Spot Polk and appellant with the murder; the former as principal, and the latter as aider and abettor. Separate trials were had, resulting in the same verdict as to each defendant. Appellant obained in this court a reversal of the judgment of conviction upon- the first…
2Cases cited1 opinion
- Combs v. CommonwealthCourt of Appeals of Kentucky · 1892
3Cited by13 opinions
- Wells v. CommonwealthKentucky Supreme Court · 1978
- Eaton v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1929
- Rogers v. FlickCourt of Appeals of Kentucky · 1911
- Noe v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1965
- North River Insurance v. WalkerCourt of Appeals of Kentucky · 1914
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