Scott v. Commonwealth
Court of Appeals of Kentucky
Case 88 — INDICTMENT— 1. The letter from the husband was confidential and privileged, and,, therefore, not competent evidence against the husband. (Civil Code-sec. 606; McGuire v. Malony, 1 B. M., 224; Elswick v. Commonwealth, 13 Bush, 155; Selden v. State, 74 Wis., 271; s. c., 17 Am. St. Bep., 144; 1 Greenleaf, secs. 334, 337, 342; 2 Bussell on Crimes, 981-6.) 2. The instruction as to manslaughter was erroneous.
Read the full summary
Case 88 — INDICTMENT— 1. The letter from the husband was confidential and privileged, and,, therefore, not competent evidence against the husband. (Civil Code-sec. 606; McGuire v. Malony, 1 B. M., 224; Elswick v. Commonwealth, 13 Bush, 155; Selden v. State, 74 Wis., 271; s. c., 17 Am. St. Bep., 144; 1 Greenleaf, secs. 334, 337, 342; 2 Bussell on Crimes, 981-6.) 2. The instruction as to manslaughter was erroneous. The ordinary manslaughter instruction does not fit a case where a husband in a transport of passion slays the seducer of his wife. (Nichols v. Commonwealth, 9 Bush, 5C6; Campbell v.…
1Opinion of the Court
JUDGE LEWIS
DELIVERED THE OPINION OP THE COURT.
The evidence in this case of witnesses present shows that about, or soon after, night-fáll, appellant went through the back door into the store-house, of deceased, situated in a village where they both resided, ■and, without other warning than simply pronouncing the given name of deceased, commenced to fire his pistol at and killed him, so that, although deceased fired also very soon after appellant’s first shot, and both continued to fire until as many as seven or more shots were exchanged, there is no ground whatever upon which to base the…
2Cases cited1 opinion
- Elswick v. CommonwealthCourt of Appeals of Kentucky · 1877
3Cited by13 opinions
- Mercer v. StateSupreme Court of Florida · 1898
- Howard v. CommonwealthCourt of Appeals of Kentucky · 1904
- Gross v. StateCourt of Criminal Appeals of Texas · 1911
- United States v. NealDistrict Court, D. Colorado · 1982
- Hammons v. StateSupreme Court of Arkansas · 1905
8 more not listed; retrieve them via the Exa API.