Arnett v. Commonwealth
Court of Appeals of Kentucky
Case 65 — Elliott Arnett was Indicted for Murder and Convicted of Voluntary Manslaughter and Appeals. — J'an. 28. APPEAL FROM MAGOFFIN CIRCUIT COURT.
Read the full summary
Case 65 — Elliott Arnett was Indicted for Murder and Convicted of Voluntary Manslaughter and Appeals. — J'an. 28. APPEAL FROM MAGOFFIN CIRCUIT COURT. Defendant Convicted of Manslaughter and Appeals. — 1. It can not he reasonably contended that appellant was guilty of murder, the. evidence abundantly showing that deceased brought on the difficulty, therefore, the instruction giving the jury the right to find appellant guilty of murder was prejudicial, because it gave a false coloring to .the case, causing the jury to look upon it with greater enormity than they otherwise would. 2. The…
1Opinion of the Court
*595Opinion op the court by
CHIEF JUSTICE BURNAM.
The appellant, Elliott Arnett, was convicted of voluntary manslaughter in the Magoffin circuit court under an indictment charging him with the murder of S. B. Salyer, and his punishment fixed at confinement in the penitentiary for a term of five years. He complains upon this appeal that a number of errors prejudicial to his substantial rights occurred upon the trial, and for which he asks a reversal.
First it is insisted that the indictment under which he was tried and convicted is fatally defective, in that it fails to allege that the killing of…
2Cases cited5 opinions
- Commonwealth v. MatthewsCourt of Appeals of Kentucky · 1889
- Peoples v. CommonwealthCourt of Appeals of Kentucky · 1888
- Kaelin v. CommonwealthCourt of Appeals of Kentucky · 1886
- Scott v. CommonwealthCourt of Appeals of Kentucky · 1893
- Commonwealth v. MinorCourt of Appeals of Kentucky · 1890
3Cited by11 opinions
- Sexton v. SextonSupreme Court of Iowa · 1905
- Allen v. CommonwealthCourt of Appeals of Kentucky · 1916
- Luick v. ArendsNorth Dakota Supreme Court · 1911
- Shepherd v. CommonwealthCourt of Appeals of Kentucky · 1905
- Alsop v. CommonwealthCourt of Appeals of Kentucky · 1915
6 more not listed; retrieve them via the Exa API.