Legal Opinion

Holloway v. Commonwealth

Court of Appeals of Kentucky

Decided September 28, 1875PublishedCited by 12 opinions

Case 22 — INDICTMENT APPEAL PROM FAYETTE CIRCUIT COURT. CITED 7 Bush, 327, Blimm v. Commonwealth. 8 Bush, 481, Bohannon v. Commonwealth. 2 Duvall, 328, Phillips v. Commonwealth. 6 Bush, 320, Young v. Commonwealth. 3 Met. 18, Jane v. Commonwealth. 1 Greenleaf on Ev. 372. 14 B. Mon. 494, Rapp v. Commonwealth. 18 B. Mon. 54. Grim. Code, sec. 152. (Brief not in record.)

1Opinion of the Court

JUDGE LINDSAY

delivered the opinion of the court.

Upon the trial of Robert Holloway, wbo stood indicted for tbe murder of Joseph Shaw, he was convicted of the crime of *346manslaughter and sentenced to confinement at hard labor in the state penitentiary for the term of two years.

He has'appealed to this court, and complains that the law of his case was not correctly presented by the instructions given to the jury. Instruction No. 3, given on motion of the commonwealth, is in these words: “If the jury believe from the evidence that at the time the defendant killed Shaw, if he did kill him, the…

2Cases cited3 opinions

  1. Young v. CommonwealthCourt of Appeals of Kentucky · 1869
  2. Bohannon v. CommonwealthCourt of Appeals of Kentucky · 1871
  3. Sparks v. CommonwealthCourt of Appeals of Kentucky · 1867

3Cited by12 opinions

  1. Biggs v. CommonwealthCourt of Appeals of Kentucky · 1915
  2. Munday v. CommonwealthCourt of Appeals of Kentucky · 1883
  3. State v. KimesSupreme Court of Iowa · 1910
  4. Canter v. CommonwealthCourt of Appeals of Kentucky · 1917
  5. Palmer v. Cedar Rapids & Marion Railway Co.Supreme Court of Iowa · 1901

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