Lewis v. Commonwealth
Court of Appeals of Kentucky
Case 38 — INDICTMENT— APPEAL FROM JEFFERSON CIRCUIT COURT. 1. The court erred in refusing a continuance upon the ground of newly discovered evidence. 2. The use of the words “ considerable provocation,"’ in the instruction to' the jury, was misleading and prejudicial. (Payne v. Commonwealth,. 1 Met., 371; Donnellan v. Commonwealth, 7 Bush. 677; Campbell v. Commonwealth, 88 Ivy., 402.) "W. J. HENDRICK, Attobney-Genebal, rob appellee.
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Case 38 — INDICTMENT— APPEAL FROM JEFFERSON CIRCUIT COURT. 1. The court erred in refusing a continuance upon the ground of newly discovered evidence. 2. The use of the words “ considerable provocation,"’ in the instruction to' the jury, was misleading and prejudicial. (Payne v. Commonwealth,. 1 Met., 371; Donnellan v. Commonwealth, 7 Bush. 677; Campbell v. Commonwealth, 88 Ivy., 402.) "W. J. HENDRICK, Attobney-Genebal, rob appellee. No provocation can render homicide justifiable, or even excusable. The least it can amount to is manslaughter. (Cottrell v. Commonwealth, MS. Op. Sept. Term,…
1Opinion of the Court
CH1EP JUSTICE HOLT
delivered the opinion or the court.
This appeal involves a human life. The accused, Nelson Lewis, met the deceased, George Dean, a boy about fifteen or sixteen years old, at a party. Some words passed between them, the character of which is not shown, when the deceased called the appellant “ a chinch bug,” and left him, going out'of the room where they were into the yard and toward the door of another room of the house. The accused followed him, and just as he was about to enter the door, shot him, death resulting almost instantly. The appellant testified that, when he fired,…
2Cases cited2 opinions
- Payne v. CommonwealthCourt of Appeals of Kentucky · 1858
- Donnellan v. CommonwealthCourt of Appeals of Kentucky · 1870
3Cited by3 opinions
- Thompson v. CommonwealthCourt of Appeals of Kentucky · 1906
- Crockett v. CommonwealthCourt of Appeals of Kentucky · 1897
- Miller v. CommonwealthCourt of Appeals of Kentucky · 1915