Riley v. Commonwealth
Court of Appeals of Kentucky
Case 41 — INDICTMENT— 1. The court erred in qualifying the instruction as to self-defense, as the qualification was not only unsupported by any evidence, but was misleading, in that it assumed that Riley had done an unlawful act. .2. If the qualification was otherwise proper, it was error not to require the jury to believe to the exclusion of a reasonable doubt the facts they were told would be sufficient to deprive defendant of the right of self-defense.
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Case 41 — INDICTMENT— 1. The court erred in qualifying the instruction as to self-defense, as the qualification was not only unsupported by any evidence, but was misleading, in that it assumed that Riley had done an unlawful act. .2. If the qualification was otherwise proper, it was error not to require the jury to believe to the exclusion of a reasonable doubt the facts they were told would be sufficient to deprive defendant of the right of self-defense. (Allen v. Commonwealth, 86 Ky., 642; 10 Ky. Law Rep., 143.) ' 3. The instruction as to defendant’s right to pursue his’ adversary should…
1Opinion of the Court
JUDGE HAZELRIGG
delivered the opinion of the court.
Upon an indictment against Mm for murder, Thomas Riley was convicted of manslaughter and sentenced to confinement in the penitentiary for the term of five years. •
On appeal to this court he complains, first, of so much of instruction No. 4 as sought to restrict, and •as he alleges, destroy his right of self-defense.
After giving the usual instruction on that subject, the court added this instruction: “If the jury, however, believe from all the evidence, that immediately be*268fore the shooting, the defendant, by his own wrongful acts then and there…
2Cases cited2 opinions
- Payne v. CommonwealthCourt of Appeals of Kentucky · 1858
- Allen v. CommonwealthCourt of Appeals of Kentucky · 1888
3Cited by8 opinions
- Mulkey v. StateCourt of Criminal Appeals of Oklahoma · 1911
- Strong v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1926
- Amos v. CommonwealthCourt of Appeals of Kentucky · 1974
- McLain v. CommonwealthCourt of Appeals of Kentucky · 1916
- Menser v. CommonwealthCourt of Appeals of Kentucky · 1924
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