Legal Opinion

Stevens v. Commonwealth

Court of Appeals of Kentucky

Decided December 7, 1906PublishedCited by 34 opinions

CASE 5. — PROSECUTION AGAINST R. FLEM STEVENS FOR MURDER. Appeal from Ohio Circuit Court. T. F. Birkhead, Circuit Judge. Defendant convicted and appeals.. POITS AND AUTHORITIES. I. There is no proof to support an issue of manslaughter, and instructions “II, III and IV” were, therefore, erroneous.

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CASE 5. — PROSECUTION AGAINST R. FLEM STEVENS FOR MURDER. Appeal from Ohio Circuit Court. T. F. Birkhead, Circuit Judge. Defendant convicted and appeals.. POITS AND AUTHORITIES. I. There is no proof to support an issue of manslaughter, and instructions “II, III and IV” were, therefore, erroneous. (Mackey v. Commonwealth, 80 Ky., page 347; Slagel v. Commonwealth, 81 Ky., page 485; Justice v. Commonwealth, 20 L. R., 390; Montgomery v. Commonwealth, 23 L. R., 732; Stovall v. Commonwealth, 23 L. R., 103; Coffman v. Commonwealth, 51 Ky., 18 B. Mon., 35; Mahian v. Commonwealth, 21 Ky. L. R., 1808.)…

1Opinion of the Court

. Opinion of the Court by

Judge Settle—

Reversing.

The appellant, R. Flem Stevens, was indicted and tried in the Ohio circuit court for the murder of W. L. G-rawbarger. The jury by their verdict found him guilty of voluntary manslaughter, and fixed his punishment at two years’ confinement in the penitentiary. Appellant was refused a new trial in the lower court, and now asks of this court a reversal of the judgment appealed from.

Appellant, at the time of the homicide, was marshal of the town of McHenry, and having been- sent for by a barber to remove the deceased from the vicinity *36of bis shop'…

2Cases cited6 opinions

  1. Dilger v. CommonwealthCourt of Appeals of Kentucky · 1889
  2. Mockabee v. CommonwealthCourt of Appeals of Kentucky · 1880
  3. Fleetwood v. CommonwealthCourt of Appeals of Kentucky · 1882
  4. Head v. MartinCourt of Appeals of Kentucky · 1887
  5. Bowman v. CommonwealthCourt of Appeals of Kentucky · 1894

1 more not listed; retrieve them via the Exa API.

3Cited by34 opinions

  1. Foster-Milburn Co. v. ChinnCourt of Appeals of Kentucky · 1909
  2. Reed v. CommonwealthCourt of Appeals of Kentucky · 1907
  3. Lovelace v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1941
  4. Maggard v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1929
  5. Hickey v. CommonwealthCourt of Appeals of Kentucky · 1919

29 more not listed; retrieve them via the Exa API.

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