Brown v. Commonwealth
Court of Appeals of Kentucky
CASE 71. — PROSECUTION AGAINST BENTON BROWN FOR HOMICIDE. — April 18. Appeal from Monroe Circuit Court. H. C. Baker, Circuit Judge.
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CASE 71. — PROSECUTION AGAINST BENTON BROWN FOR HOMICIDE. — April 18. Appeal from Monroe Circuit Court. H. C. Baker, Circuit Judge. Defendant convicted of voluntary manslaughter and appeals. 1. We submit that instruction No. 2 as given by the court covers all the law on the subject of voluntary manslaughter. 2. Instruction “3a” given by the court qualifying instruction No. 2 is clearly erroneous and was highly prejudicial to the defendant. 3. Incompetent evidence was admitted as to statements made by defendant which had no connection with the killing. 4. The jury were allowed to separate, or…
1Opinion of the Court
OpiNiok op the Court by
Judge Settle
— Affirming.
Appellant was tried in the Monroe Circuit Court under an indictment returned by the grand jury of that county which charged Mm with the willful murder of Jeff Harlan. By the jury’s verdict he was found guilty of voluntary manslaughter, and his punishment fixed at confinement in the penitentiary twlenty-one years. The lower court refused Mm a new trial, and he has appealed.
Appellant’s defense was accidental homicide. According to the evidence, Harlan was shot and killed by appellant at the door of the store of John Roton, in Tompkinsville, on the…
2Cases cited15 opinions
- Kennedy v. CommonwealthCourt of Appeals of Kentucky · 1878
- Commonwealth v. MatthewsCourt of Appeals of Kentucky · 1889
- Bush v. CommonwealthCourt of Appeals of Kentucky · 1880
- Brown v. CommonwealthCourt of Appeals of Kentucky · 1878
- York v. CommonwealthCourt of Appeals of Kentucky · 1884
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3Cited by12 opinions
- Bast v. CommonwealthCourt of Appeals of Kentucky · 1907
- Lewis v. CommonwealthCourt of Appeals of Kentucky · 1910
- Hunn v. CommonwealthCourt of Appeals of Kentucky · 1911
- Cornett v. CommonwealthCourt of Appeals of Kentucky · 1914
- McGeorge v. CommonwealthCourt of Appeals of Kentucky · 1911
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