Martin v. Commonwealth
Court of Appeals of Kentucky
Case 30 — INDICTMENT - APPEAL PROM METOALPE CIRCUIT COURT. 1. Instruction 5, given hy the court, is in conflict with the law of self-defense as laid down hy this court. It in effect excludes from the jury the evidence as to threats made hy the deceased and as to his reckless and bloodthirsty character.
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Case 30 — INDICTMENT - APPEAL PROM METOALPE CIRCUIT COURT. 1. Instruction 5, given hy the court, is in conflict with the law of self-defense as laid down hy this court. It in effect excludes from the jury the evidence as to threats made hy the deceased and as to his reckless and bloodthirsty character. (Young v. Commonwealth, 6 Bush, 312; Bohannon v. Commonwealth, 8 Bush, 481; Holloway v. Commonwealth; 11 Bush, 344; Oder v. Commonwealth, 80 Ky., 32.) 2. Instruction “ C ” asked by appellant is, in accordance with the law, as laid down hy this court, and should have been given. (Bohannon v.…
1Opinion of the Court
JUDGE PRYOR
delivered the opinion oe the court.
The appellant has been convicted and sentenced to con*191finement in the State prison for life for the murder of' John Burks. He has appealed to this court, and the grounds for a reversal are, first, the admission of incompetent testimony; second, an error in an instruction given at the instance of the State.
It is made manifest from the testimony that the accused and the dead man had been so hostile towards each other for months prior to the killing that each was ready to slay the other upon the slightest provocation; and such was the bad feeling…
2Cases cited1 opinion
- Commander v. StateSupreme Court of Alabama · 1877
3Cited by33 opinions
- People v. KingIllinois Supreme Court · 1916
- Ellis v. CommonwealthCourt of Appeals of Kentucky · 1912
- State v. GeddesMontana Supreme Court · 1899
- McCandless v. CommonwealthCourt of Appeals of Kentucky · 1916
- Rae v. BakerCourt of Appeals of Texas · 1931
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