Oder v. Commonwealth
Court of Appeals of Kentucky
Case 7 — INDICTMENT— APPEAL PROM HARRISON CIRCUIT COURT. The court erred in admitting the evidence showing that Conrad was at the depot when deceased arrived; and should have admitted.the proof as to appellant’s statements to witnesses immediately before the killing. Erred in refusing to give the old fourth instruction, which submitted all the facts and circumstances to the jury on the question of self-defense. The fourth instruction given by the court is error.
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Case 7 — INDICTMENT— APPEAL PROM HARRISON CIRCUIT COURT. The court erred in admitting the evidence showing that Conrad was at the depot when deceased arrived; and should have admitted.the proof as to appellant’s statements to witnesses immediately before the killing. Erred in refusing to give the old fourth instruction, which submitted all the facts and circumstances to the jury on the question of self-defense. The fourth instruction given by the court is error. It was the duty .of the court to give to the jury the whole law applicable to the case. Can the law of homicide be made so plain as…
1Opinion of the Court
JUDGE HARGIS
delivered the opinion of the court.
The appellant, Alexander Oder, and Volney Hall, ■ were brothers-in-law, and the evidence tends to show that Hall’s daughter Mary staid with Oder some two years.
About the time she left his house he told her father that he had discovered improper relations between her and a young man who was laboring for Oder.
Hall disbelieved this statement, and imputed his daughter’s misfortune to Oder, if any had befallen her.
He threatened to kill Oder, waylaid him, assaulted him with a pistol, and sought an ex-convict, who testifies that he offered him $500,…
2Cited by11 opinions
- Gambrell v. CommonwealthCourt of Appeals of Kentucky · 1908
- State v. KelloggSupreme Court of Louisiana · 1900
- Connor v. CommonwealthCourt of Appeals of Kentucky · 1904
- Reynolds v. CommonwealthCourt of Appeals of Kentucky · 1903
- Banks v. CommonwealthCourt of Appeals of Kentucky · 1922
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