Lightfoot v. Commonwealth
Court of Appeals of Kentucky
Case 96 — INDICTMENT APPEAL FROM NICHOLAS CIRCUIT COURT. X. The court gave an instruction with the modification that was not only in conflict with the law of self-defense, as set forth in the previous, instruction, hut assumed a state of case not warranted by the proof. (Bohannon v. The Commonwealth, 8 Bush, 482; Terrell v. Same, 13 lb., 257.) 2. The indictment is defective.
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Case 96 — INDICTMENT APPEAL FROM NICHOLAS CIRCUIT COURT. X. The court gave an instruction with the modification that was not only in conflict with the law of self-defense, as set forth in the previous, instruction, hut assumed a state of case not warranted by the proof. (Bohannon v. The Commonwealth, 8 Bush, 482; Terrell v. Same, 13 lb., 257.) 2. The indictment is defective. (3 Heiskill, 150; 5 Caldwell, 650; 1 Duv., 140; White v. Commonwealth, 11 Bush, 178; 1 Met, 503.) 3. The Nicholas- circuit' court had no jurisdiction. . A change of venue' was ordered from Rowan county, which does not…
1Opinion of the Court
JUDGE PRYOR
delivered the opinion op the court. •
On the 7th of March, in the year 1881, in a village called •Cross Roads, in the county of Rowan, the appellant, M. F. Lightfoot, shot and killed Joseph McDermott, for which he was indicted, tried, and convicted, and his punishment fixed at confinement in the state prison for nine years. He has appealed from the judgment of conviction to this court. The appellant and the deceased were both young ■men, and lived in the little village of Cross Roads.
Appellant was about twenty-two years of age, and the ■deceased had not attained his majority. A bad…
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- Greer v. CommonwealthCourt of Appeals of Kentucky · 1915
- In re MoteSupreme Court of Kansas · 1916
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