Buckhannon v. Commonwealth
Court of Appeals of Kentucky
Case 15 — INDICTMEN APPEAL FROM WOLFE CIRCUIT COURT. 1. As the witness offered to prove the condition of .the mind of the accused at the time of the killing showed that she had an opportunity of forming an opinion from the facts observed by her, her testimony was competent. (Wharton & Slillé’s Medical Jurisprudence, vol. 1, sec. 272 and Notes, p. 273.) 2. While drunkenness is no excuse for crime, it may be proved to show the absence of malice.
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Case 15 — INDICTMEN APPEAL FROM WOLFE CIRCUIT COURT. 1. As the witness offered to prove the condition of .the mind of the accused at the time of the killing showed that she had an opportunity of forming an opinion from the facts observed by her, her testimony was competent. (Wharton & Slillé’s Medical Jurisprudence, vol. 1, sec. 272 and Notes, p. 273.) 2. While drunkenness is no excuse for crime, it may be proved to show the absence of malice. (Shannahan v. Commonwealth, 8 Bush, 470.) 3. If intoxication dethrones the reason, it may prevent a conviction for murder. (Jones v. Commonwealth, 75…
1Opinion of the Court
JUDGE HOLT
delivered the opinion oe the court.
The imposition of the death penalty in this case has led to a careful inspection of the record.
The performance of this unpleasant duty has, however, satisfied us beyond all question that the killing was not only inhuman, but utterly devoid of excuse.
The accused, without warning, ' cruelly shot down the deceased, when he was performing neighborly and kindly acts for him.
Drunkenness, that by far the most fruitful source of crime in our State, was the cause of it. The wisdom of the common law held this to be no excuse. Our statute makes fit an…
2Cited by15 opinions
- Aszman v. StateIndiana Supreme Court · 1890
- State v. Van VlackIdaho Supreme Court · 1937
- Cheadle v. StateCourt of Criminal Appeals of Oklahoma · 1915
- McHargue v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1929
- Keeton v. CommonwealthCourt of Appeals of Kentucky · 1892
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