Hopkins v. Commonwealth
Court of Appeals of Kentucky
Case 112 — Prosecution against Wilbur Hopkins for Murder.— APPEAL FROM KNOX CIRCUIT COURT. Defendant Convicted and Appeals. POINTS. The defendant was indicted for the crime of wilful murder, tried and convicted of voluntary manslaughter and given a sentence to the penitentiary of fifteen years.
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Case 112 — Prosecution against Wilbur Hopkins for Murder.— APPEAL FROM KNOX CIRCUIT COURT. Defendant Convicted and Appeals. POINTS. The defendant was indicted for the crime of wilful murder, tried and convicted of voluntary manslaughter and given a sentence to the penitentiary of fifteen years. This appeal is prosecuted to reverse that judgment for the following reasons: 1. Because the court refused to grant to the defendant a continuance of the case at the term of court at which it was tried, and at which time it was utterly impossible for him to secure the attendance of his witness, and was…
1Opinion of the Court
Opinion of the court by
JUDGE BARKER
Affirming.
Appellant was indicted by the grand jury of Knox county, ‘"charged with, the wilfull murder of George M. Cole. A trial resulted in a conviction of the accused, and his sentence to the penitentiary for the term of 15 years:
The grounds urged for a new trial are: First, that the verdict was against the law and the evidence; second, that the court misinstructed the jury in this: That the first instruction directs the jury to convict the (defendant “if the jury believe beyond a reasonable doubt . . . that the shot caused or ‘hastened’ the death of the…
2Cases cited4 opinions
- State v. MoreaSupreme Court of Alabama · 1841
- People v. Ah FatCalifornia Supreme Court · 1874
- People v. MoanCalifornia Supreme Court · 1884
- State v. CastelloSupreme Court of Iowa · 1883
3Cited by18 opinions
- Adcock v. CommonwealthKentucky Supreme Court · 1986
- Armstrong v. StateAlaska Supreme Court · 1972
- Walden v. JonesCourt of Appeals of Kentucky (pre-1976) · 1968
- Payne v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1934
- Bennett v. CommonwealthCourt of Appeals of Kentucky · 1912
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