Burkhart v. Commonwealth
Court of Appeals of Kentucky
Case 40 — Prosecution Against Thomas Burkhart for Shooting at a Railroad Passenger Coach in which Were Passengers and Employes. appeal from lee circuit court — ROBERT RIDDELL, circuit judge.
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Case 40 — Prosecution Against Thomas Burkhart for Shooting at a Railroad Passenger Coach in which Were Passengers and Employes. appeal from lee circuit court — ROBERT RIDDELL, circuit judge. Defendant Convicted and Appeals. 1. The offense is a statutory -one and consists of shooting at' a railroad passenger coach in-which passengers are, and which is a felony. 2. The instructions defined the guilt of defendant to consist of shooting at a railroad train, which is a misdemeanor. 3. The authorities are uniform that the language of the statute creating an offense must be followed in.the…
1Opinion of the Court
Opinion of the court by
JUDGE O’REAR
Affirming.
Appellant was indicted and tried on the felonious charge of shooting at a railroad passenger coach in which were passengers and employes at the time of the shooting. The only question made that is material is whether the instructions of the court properly submitted to the jury the matter at issue. The court told the jury that if they believed from the evidence beyond a reasonable doubt that the defendant willfully, unlawfully, maliciously, and feloniously, with a gun or pistol, shot at a railroad train in which the employes of said road and…
2Cited by1 opinion
- Neely v. CommonwealthCourt of Appeals of Kentucky · 1959