Stout v. Commonwealth
Court of Appeals of Kentucky
Case 24. — PROSECUTION AGAINST THOMAS STOUT, JR., POR MURDER. — Appeal from Payette Circuit Court. Watts Parker, Circuit Judge. Defendant convicted and appeals. POINTS AND AUTHORITIES. 1. The court erred in omitting the word “feloniously” from the instruction to the jury defining murder.
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Case 24. — PROSECUTION AGAINST THOMAS STOUT, JR., POR MURDER. — Appeal from Payette Circuit Court. Watts Parker, Circuit Judge. Defendant convicted and appeals. POINTS AND AUTHORITIES. 1. The court erred in omitting the word “feloniously” from the instruction to the jury defining murder. (Clark v. Commonwealth, 111 Ky., 463; Kaelin v. Commonwealth, 80 Ky., 302; Tutt v. Commonwealth, 104 Ky., 299; Omer v. Commonwealth, 15 Rep., 674; Cook v. Commonwealth, 72 S. W., 284; Brooks v. Commonwealth, 16 Rep., 356; Montgomery v. Commonwealth, 84 S. W., 243; Stroud v. Commonwealth, 14 Ky. L. R. 179.) 2.…
1Opinion of the Court
Opinion by
Judge Barker
Affirming.
Thomas Stout, Jr., was indicted by the grand jury of Fayette county for the murder of Sim Lee. A trial resulted in his conviction as charged in the in-dictment, and his punishment fixed at death. To reverse the judgment based upon this verdict, he is here on appeal.
The appellant and Sim Lee, both colored, were partners in raising a crop of tobacco during the year .1904. In the spring of 1905, when the time was approaching for a sale of the tobacco and a division of the proceeds, the parties quarreled over the adjustment of their mutual accounts. A time had been…
2Cases cited2 opinions
- Kaelin v. CommonwealthCourt of Appeals of Kentucky · 1886
- Omer v. CommonwealthCourt of Appeals of Kentucky · 1894
3Cited by9 opinions
- Farley v. CommonwealthCourt of Appeals of Kentucky · 1915
- Thomas v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1934
- Louisville & Nashville Railroad v. LawsonCourt of Appeals of Kentucky · 1914
- Rodgers v. CheshireCourt of Appeals of Kentucky · 1967
- State ex rel. Nichols v. KillorenMissouri Court of Appeals · 1955
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