Estep v. Commonwealth
Court of Appeals of Kentucky
Case 7 — INDICTMENT APPEAL FROM PIKE CIRCUIT COURT. The judgment should be reversed for the reason that the evidence shows a clear case of justification, and for the further reason that the court misinstructed the jury.
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Case 7 — INDICTMENT APPEAL FROM PIKE CIRCUIT COURT. The judgment should be reversed for the reason that the evidence shows a clear case of justification, and for the further reason that the court misinstructed the jury. A man has a right to protect himself, his own castle and the inmates thereof, against any unlawful attack or assault, and to that end he is not required to retreat, but may stand and resist, using such force as may seem to him at the time to be necessary, even to the killing of the assailant. (Wright v. Commonwealth, 8 Ky. Law Rep.; Wait’s Actions and Defenses, vol. 6, pp.…
1Opinion of the Court
JUDGE LEWIS
DELIVERED THE OPINION OF THIS COURT.
Appellant being indicted for tbe murder of Martin Scarberry, brother of liis wife, was convicted of man*40slaughter, the homicide occurring, according to the testimony, under the following circumstances:
The residences of the two were not much more than a quarter of a mile apart, and on the day of the killing the wife of the deceased, leaving him a short distance from it, went alone into the dwelling-house of appellant, where he, his wife and others were, and without speaking.to any of them seized a tin cup, whereupon appellant’s wife said to her she…
2Cited by9 opinions
- Utterback v. CommonwealthCourt of Appeals of Kentucky · 1899
- Newcome v. RussellCourt of Appeals of Kentucky · 1909
- Burden v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1926
- Johnson v. JohnsonCourt of Appeals of Kentucky · 1911
- Krone v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1936
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