Legal Opinion
Smith v. Commonwealth
Court of Appeals of Kentucky
Decided October 7, 1955PublishedCited by 4 opinions
1Opinion of the Court
STANLEY, Commissioner.
■ An , automobile driven by the appellant, Lee Smith, struck and fatally injured a pedestrian. His appeal is from a conviction of voluntary- manslaughter with a penalty of two years’ imprisonment. A former judgment of conviction and a sentence of ten years in prison was reversed.because of erroneous instructions. Smith v. Commonwealth, Ky., 268 S.W.2d 937. The evidence was the same on this trial.
The principal defense has been that the defendant' had suddenly suffered a mental blackout from epilepsy and had become unconscious immediately before the car struck the…
2Cases cited5 opinions
- Wilder v. CadleCourt of Appeals of Kentucky (pre-1976) · 1929
- Smith v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1954
- Rose v. EdmondsCourt of Appeals of Kentucky (pre-1976) · 1937
- Collier v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1947
- Miracle v. Flannery’s Adm’rCourt of Appeals of Kentucky (pre-1976) · 1953
3Cited by4 opinions
- State v. ClaytonSupreme Court of North Carolina · 1968
- Government of the Virgin Islands v. Hugh SmithCourt of Appeals for the Third Circuit · 1960
- Gonzalez v. LaytonCourt of Appeals of Texas · 1968
- Gonzalez v. LaytonCourt of Appeals of Texas · 1968