Reed v. Commonwealth
Court of Appeals of Kentucky
CASE 17. — PROSECUTION AGAINST NEWTON REED, NATHAN DAY AND EDGAR PATRICK FOR MURDER. Appeal from Morgan Circuit Court. L. E. Johnson, Special Judge. Defendant Reed convicted of voluntary man-, slaughter and appeals.
Read the full summary
CASE 17. — PROSECUTION AGAINST NEWTON REED, NATHAN DAY AND EDGAR PATRICK FOR MURDER. Appeal from Morgan Circuit Court. L. E. Johnson, Special Judge. Defendant Reed convicted of voluntary man-, slaughter and appeals. Our contention is that to make a man a principal in the second degree, there must be a principal in the first degree; that is to say, there must be one who does the act or thing, without which there is no crime, and with respect to the doing of which, the other or principal in the second degree was present, aiding and abetting. If there be no principal in the first degree, no one…
1Opinion of the Court
Opinion of the Court by
Judge Settle
Reversing.
Nathan Day, Edgar Patrick, and the appellant, Newton Reed, were jointly indicted by the grand jury of Morgan county for the murder of Charles Frisby. Day was separately tried for and acquitted of the crime charged. The indictment as to Patrick was filed away on motion of the commonwealth’s attorney. The appellant, Newton Reed, was accorded a separate trial, which resulted in his conviction of the crime of voluntary manslaughter at the hands of the jury, and their fixing his punishment at confinement in the penitentiary for a period of two years. He…
2Cases cited16 opinions
- Mulligan v. CommonwealthCourt of Appeals of Kentucky · 1886
- Stevens v. CommonwealthCourt of Appeals of Kentucky · 1906
- Dilger v. CommonwealthCourt of Appeals of Kentucky · 1889
- Boyd v. StateSupreme Court of Georgia · 1855
- Brown v. StateSupreme Court of Georgia · 1859
11 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- State v. PetryWest Virginia Supreme Court · 1980
- Higgins v. CommonwealthCourt of Appeals of Kentucky · 1911
- State v. HubbardNew Jersey Superior Court Appellate Division · 1973
- Watkins v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1928
- Terhune v. CommonwealthCourt of Appeals of Kentucky · 1911
37 more not listed; retrieve them via the Exa API.