Hart v. Commonwealth
Court of Appeals of Kentucky
Case 15 —INDICTMENT APPEAL PROM PAYETTE CIRCUIT COURT. 1. All threats, whether communicated or not, are competent to aid the jury in determining the intention of the parties at the time of the difficulty.
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Case 15 —INDICTMENT APPEAL PROM PAYETTE CIRCUIT COURT. 1. All threats, whether communicated or not, are competent to aid the jury in determining the intention of the parties at the time of the difficulty. (Cornelius v. Commonwealth, 15 B. Mon., 546.) 2. The court erred in instructing the jury, in effect, that in order to acquit upon the ground of self-defense, they must believe that the defendant had a valid or sufficient cause to believe that he was in danger, when in fact he. was entitled to an acquittal if he believed and had reasonable grpunds to believe that he was in danger. (Holloway…
1Opinion of the Court
JUDGE HOLT
delivered the opinion of the court.
This is a conviction for voluntary manslaughter. In a difficulty between the appellant, Levi Hart, and John Veal; a by-stander who was in nowise engaged in it, by the name of Charles Waller, was shot and instantly killed. A jury have found that the appellant did it. If so, it was undoubtedly unintentional upon his part, and done in shooting at Yeal, who was also then killed. The case, therefore, turns upon whether the conduct of the appellant in so shooting was excusable. If he was first attacked by Yeal, and acted only in self-defense, then it was…
2Cases cited2 opinions
- Stokes v. . People of the State of N.Y.New York Court of Appeals · 1873
- Jewett v. . BanningNew York Court of Appeals · 1860
3Cited by10 opinions
- McCandless v. CommonwealthCourt of Appeals of Kentucky · 1916
- Wheeler v. CommonwealthCourt of Appeals of Kentucky · 1905
- Richie v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1951
- Price v. United StatesCourt of Criminal Appeals of Oklahoma · 1908
- State v. BarksdaleSupreme Court of Louisiana · 1909
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