Minton v. Commonwealth
Court of Appeals of Kentucky
Case 94 — INDICTMENT APPEAX, EROM BRECKINRIDGE CIRCUIT COURT. ,1. The court should have given the whole law applicable to the case. (7 Bush, 327.) :2. The third instruction is an abstract proposition. :3. In the fifth instruction the court say that the right of self-defense did not exist, unless to avoid great bodily harm, which would endanger appellant’s life. This is error. (Bishop on Crim. Law, vol. 2, 630; Bl.
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Case 94 — INDICTMENT APPEAX, EROM BRECKINRIDGE CIRCUIT COURT. ,1. The court should have given the whole law applicable to the case. (7 Bush, 327.) :2. The third instruction is an abstract proposition. :3. In the fifth instruction the court say that the right of self-defense did not exist, unless to avoid great bodily harm, which would endanger appellant’s life. This is error. (Bishop on Crim. Law, vol. 2, 630; Bl. Com., vol. 2, 191; 13 Bush, 718.) -4. There is no instruction as to involuntary manslaughter. 11. The instructions are full, and substantially cover the whole law of the case. :2.…
1Opinion of the Court
-JUDGE HARGIS
delivered the opinion op the court.
The appellant Minton, as the evidence tends to show, •was at his voting precinct, partially intoxicated, on the day •of the election for representative to the legislature, and that Willis T. Frank, who was a candidate for that office, and the favorite of Minton, was also there, when one Speak rode up in haste, huzzaing for Frank’s opponent. He alighted from his horse, began dancing, and continuing to shout for his candidate, and Minton answered him with a shout for his ••candidate. This occurred several times, when Minton struck him once or…
2Cases cited1 opinion
- Chrystal v. CommonwealthCourt of Appeals of Kentucky · 1873
3Cited by4 opinions
- Thacker v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1936
- People v. LyonsNew York Court of Appeals · 1888
- Thacker v. CommonwealthCourt of Appeals of Kentucky · 1936
- White v. CommonwealthCourt of Appeals of Kentucky · 1950