Legal Opinion

Philpot v. Commonwealth

Court of Appeals of Kentucky

Decided January 19, 1888PublishedCited by 3 opinions

Case 76 — INDICTMENT APPEAL FROM WHITLEY CIRCUIT COURT. A sledge-hammer is not a deadly weapon within the meaning of sec. 2, art. 6, chap. 29, of Gen. Stats. (8 Bush, 387, Commonwealth v. Branham.) A sledge-hammer-is a deadly weapon within the meaning of sec. 2, art. 6, chap. 29, Gen Stats. (Commonwealth v. Branham, 8 Bush, 387.)

1Opinion of the Court

JUDGE BENNETT

delivered the opinion op the court.

Tlie appellant was convicted in the Whitley Circuit Court of the crime of willfully and maliciously striking and wounding Lee Ballard with a large hammer, to-wit: sledge-hammer, with intent to kill said Ballard. The jury found the appellant guilty of the charge, and fixed his punishment at confinement in the State penitentiary for the term of three years. The lower court having overruled his motion for a new trial, he has appealed to this court.

The appellant’s contention is, that the instrument described in the indictment is not a deadly weapon,…

2Cited by3 opinions

  1. Commonwealth v. DuncanCourt of Appeals of Kentucky · 1891
  2. Erwin v. CommonwealthCourt of Appeals of Kentucky · 1895
  3. Morehead's Administratrix v. BittnerCourt of Appeals of Kentucky · 1899

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