Commonwealth v. Duncan
Court of Appeals of Kentucky
Case 108 —INDICTMENT— APPEAL FROM MERCER CIRCUIT COURT. A deadly weapon is any thing that can he used to produce death by striking, and as to whether the rock used in this instance was large enough to produce death was a question that should haye been left to the jury.
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Case 108 —INDICTMENT— APPEAL FROM MERCER CIRCUIT COURT. A deadly weapon is any thing that can he used to produce death by striking, and as to whether the rock used in this instance was large enough to produce death was a question that should haye been left to the jury. (Philpot v. Commonwealth, 86 Ky., 595; State v. Calhoun, 72 Iowa, 432.) The statute under which the indictment in this case was found is different from the statute under which the case of Commonwealth V. Hawkins, 11 Bush, 603, was decided.
1Opinion of the CourtChief Justice Holt
The appellee, Thomas Duncan, threw a rock, a size larger than a man’s fist, at Thomas Scruggs throúgh the open door of the latter’s house, knocking him senseless. It occurred at night. They were about twelve or 'fourteen feet apart at the time, Scruggs being within his house. The attack was evidently without legal excuse. The appellee was indicted for a malicious wounding under section 2, article 6, chapter 29, of the General Statutes, which provides: ‘‘If any person shall willfully and maliciously shoot at and wound another with an intention to kill him, so that he does not die' thereby,…
2Cases cited2 opinions
- Commonwealth v. HawkinsCourt of Appeals of Kentucky · 1876
- Philpot v. CommonwealthCourt of Appeals of Kentucky · 1888
3Cited by10 opinions
- The People v. DwyerIllinois Supreme Court · 1927
- State v. ConwellNew Mexico Supreme Court · 1932
- Owens v. CommonwealthCourt of Appeals of Kentucky · 1920
- Burgess v. CommonwealthCourt of Appeals of Kentucky · 1917
- Cosby v. CommonwealthCourt of Appeals of Kentucky · 1903
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