Hoffman v. Commonwealth
Court of Appeals of Kentucky
CASE 92 — PROSECUTION AGAINST JOHN HOFFMAN BY COMMONWEALTH FOR MURDER. — Appeal from Estill Circuit Court. Defendant convicted and appeals. — CONCLUSION.
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CASE 92 — PROSECUTION AGAINST JOHN HOFFMAN BY COMMONWEALTH FOR MURDER. — Appeal from Estill Circuit Court. Defendant convicted and appeals. — CONCLUSION. The record as a whole shows that appellant was imposed upon and mistreated for a long time before the killing, and that on that night his child was taken and fastened up by Gross, and when the old man started out in the dark to bring his child home he is stoned by unknown persons, and then Gross goes and gets a gun and confronts him and is in the ac't of shooting him when appellant fired the shot which killed him. It seems to us that this js…
1Opinion of the Court
Opinion op the court by
Judge Settle
— Affirming.
The appellant, John Hoffman, with one shot from a musket loaded with leaden slugs, killed Simon Gross and Bert Flinchem. The double homicide occurred at night near the homes of all the parties, in Estill county. Appellant and his wife, Eitta Hoffman, were jointly indicted for the killing of Gross; the crime charged being murder. Appellant, at the instance of the Commonwealth’s Attorney, over his objection, had a separate trial, which resulted in his conviction; the jury returning a verdict finding him guilty of murder and fixing his punishment at…
2Cases cited5 opinions
- State v. PraterWest Virginia Supreme Court · 1902
- Barnes v. CommonwealthSupreme Court of Virginia · 1895
- State v. RobertsWest Virginia Supreme Court · 1901
- State v. ThadenSupreme Court of Minnesota · 1890
- Gathings v. StateMississippi Supreme Court · 1870
3Cited by10 opinions
- Jenkins v. CommonwealthCourt of Appeals of Kentucky · 1915
- Johnson v. StateWyoming Supreme Court · 1922
- Gabbard v. SheffieldCourt of Appeals of Kentucky · 1918
- Drake v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1926
- Calhoun v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1946
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