Johnson v. Commonwealth
Court of Appeals of Kentucky
Case 102 — INDICTMENT — 1. The qualification of the instruction, as to self-defense was erroneous-(Thompson v. Commonwealth, 13 Ky. Law Rep., 39; Allen v. Commonwealth, 86 Ky., 642.) 2. Appellant being on his own premises was~not hound to flee, and the court erred in telling the jury, in substance, that he had no right to-stand and defend himself if there was any other apparently safe means of escape. (Bledsoe v. Commonwealth, 9 Ky.
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Case 102 — INDICTMENT — 1. The qualification of the instruction, as to self-defense was erroneous-(Thompson v. Commonwealth, 13 Ky. Law Rep., 39; Allen v. Commonwealth, 86 Ky., 642.) 2. Appellant being on his own premises was~not hound to flee, and the court erred in telling the jury, in substance, that he had no right to-stand and defend himself if there was any other apparently safe means of escape. (Bledsoe v. Commonwealth, 9 Ky. Law Rep., 1002; Wright v. Commonwealth, 8 Ky. Law Rep., 718.) 3. It was error to instruct the jury that they were judges of the character and credibility of the…
1Opinion of the Court
JUDGE HAZELUIGG
delivered the opinion op the court.
The appellant was indicted for the murder of William King at the February term, 1889, of the Pike Circuit Court. At the March term, 1893, he was put upon trial, convicted and sentenced to the penitentiary for life. Assigning various errors^ he has appealed to this court.
It appears that the accused had a still-house, where he made brandy. King was his neighbor, «and appears to have frequented the place — at times getting something to drink and at other times failing. Appellant was in dread lest King would report him to the marshal, and the…
2Cited by6 opinions
- Gambrell v. CommonwealthCourt of Appeals of Kentucky · 1908
- Hawley v. CommonwealthCourt of Appeals of Kentucky · 1921
- State v. LewisSupreme Court of Missouri · 1893
- McCarty v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1932
- Collett v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1938
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