Connor v. Commonwealth
Court of Appeals of Kentucky
Case 64 — Prosecution of Martin Connor for Manslaughter. APPEAL FROM DAVIESS CIRCUIT COURT-T. F. BIRKHEAD, CIRCUIT JUDGE. Defendant Convicted and Appeals.
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Case 64 — Prosecution of Martin Connor for Manslaughter. APPEAL FROM DAVIESS CIRCUIT COURT-T. F. BIRKHEAD, CIRCUIT JUDGE. Defendant Convicted and Appeals. We submit that on all the evidence the following facts are shown: 1. Appellant was sober, orderly and law abiding. 2. He had a legal right to be in the saloon, and no one had the right to assault him. 3. He was assaulted by* deceased without any provocation whatever. 4. He was not only assaulted by deceased, but he witnessed a vicious assault made by deceased upon Parsons, and had the right to believe that when deceased declared his…
1Opinion of the Court
Opinion op the cotjet by
JUDGE HOBSON
Reversing.
On December 25, 1902, W. M. Parsons insulted Ben Cutler in a saloon in Owensboro. Cutler struck Parsons, and thereupon a fight ensued between Parsons and Ben Cutler and his brother Fred. Parsons was forced to the back part of the room, and was pretty badly beaten up, when the bartender and a man named Davidson intervened, and took from Ben Cutler a chair with which he was about to strike Parsons; throwing him back toward the center of the room. Appellant, Connor, who had taken no part in the fight, was standing near the bar counter. As to what,…
2Cases cited3 opinions
- Reynolds v. CommonwealthCourt of Appeals of Kentucky · 1903
- Oder v. CommonwealthCourt of Appeals of Kentucky · 1882
- Barnes v. CommonwealthCourt of Appeals of Kentucky · 1901
3Cited by17 opinions
- Heck v. CommonwealthCourt of Appeals of Kentucky · 1915
- Hilbert v. CommonwealthKentucky Supreme Court · 2005
- McCurry v. CommonwealthCourt of Appeals of Kentucky · 1924
- Mullins v. CommonwealthCourt of Appeals of Kentucky · 1916
- Caudill v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1931
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