Thompson v. Commonwealth
Court of Appeals of Kentucky
CASE 57. — PROSECUTION AGAINST JAMES M. THOMPSON FOR MALICIOUS ASSAULT. — March 29. Appeal from Laurel Circuit Court. H. 0. PaulkNbr, Circuit Judge. Defendant convicted and appeals. (No brief in record for appellee). QUESTIONS DISCUSSED AND AUTHORITIES CITED. 1. The Court of Appeals will consider an error clearly shown by the record, although not mentioned in the bill of exceptions. (Harper v. Harper, 10 Bush, 447; McAllister v. Conn.
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CASE 57. — PROSECUTION AGAINST JAMES M. THOMPSON FOR MALICIOUS ASSAULT. — March 29. Appeal from Laurel Circuit Court. H. 0. PaulkNbr, Circuit Judge. Defendant convicted and appeals. (No brief in record for appellee). QUESTIONS DISCUSSED AND AUTHORITIES CITED. 1. The Court of Appeals will consider an error clearly shown by the record, although not mentioned in the bill of exceptions. (Harper v. Harper, 10 Bush, 447; McAllister v. Conn. Mutual Life Insurance Co., 78 Ky. 533; Wallace v. Maxwell1, 24 Ky. 447). 2. The first instruction is erroneous, tl does not give the law of striking and…
1Opinion of the Court
OpiNioN op the Coubt by
John D. Carroll, Commissioner
— Affirming.
James MV Thompson was indicted for willfully and maliciously striking and Wounding James Sparks with a poker. • The evidence in the case discloses that Sparks was the attorney for plaintiff, *503engaged in the trial of a ease against the Standard Oil Company, of which company the appellant was-manager. During the progress of the trial Sparks and W. L. Brown, attorney for the coal company, engaged in a heated controversy about the admission of evidence; Brown contending that he had a right to ask a certain question because Sparks had…
2Cases cited15 opinions
- Kennedy v. CommonwealthCourt of Appeals of Kentucky · 1878
- Baker v. CommonwealthCourt of Appeals of Kentucky · 1899
- Vinegar v. CommonwealthCourt of Appeals of Kentucky · 1898
- Branson v. CommonwealthCourt of Appeals of Kentucky · 1891
- Buckles v. CommonwealthCourt of Appeals of Kentucky · 1902
10 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Arnold v. CommonwealthCourt of Appeals of Kentucky · 1922
- Jones v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1931
- Cheek v. CommonwealthCourt of Appeals of Kentucky · 1915
- Hendrickson v. CommonwealthCourt of Appeals of Kentucky · 1912
- Owens v. CommonwealthCourt of Appeals of Kentucky · 1918
20 more not listed; retrieve them via the Exa API.