Farris v. Commonwealth
Court of Appeals of Kentucky
Case 37 — INDICTMENT APPEAL FROM GARRARD CIROtTIT COURT. 1. A new trial ought to be granted where there are strong probable grounds to believe that the justice of the ease has not been fairly and fully tried, or that the verdict is clearly contrary to the evidence. (Mahan v. Jane, 2 Bibb, 33.) 2. The court makes it the duty of the court to give the whole law applicable to the case, whether asked for or not.
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Case 37 — INDICTMENT APPEAL FROM GARRARD CIROtTIT COURT. 1. A new trial ought to be granted where there are strong probable grounds to believe that the justice of the ease has not been fairly and fully tried, or that the verdict is clearly contrary to the evidence. (Mahan v. Jane, 2 Bibb, 33.) 2. The court makes it the duty of the court to give the whole law applicable to the case, whether asked for or not. Instruction A, asked for by defendant’s counsel, as to reasonable doubt, ought to have been given. (1 Met. 376.) 3. In a sudden quarrel, where both parties strike in heat of blood, it is…
1Opinion of the Court
JUDGE HINES
delivered .the opinion of the court.
Appellant was convicted of the murder of Robert Land, and his punishment fixed by the jury at death. From that verdict and the sentence of the court thereon he appeals.
On the 27th day of May, 1878, near the town of Lancaster, Robert Land, a white man, very much intoxicated, had a difficulty with some negroes; and while he was attempting to draw his pistol to shoot one of them, and being held by a negro named Leavell, the appellant, a colored man, approached Land and said to Leavell, “ Turn the God damned son of a bitch loose; let him go to hell.”…
2Cases cited8 opinions
- Maher v. PeopleMichigan Supreme Court · 1862
- Stokes v. . People of the State of N.Y.New York Court of Appeals · 1873
- Kennedy v. CommonwealthCourt of Appeals of Kentucky · 1878
- Payne v. CommonwealthCourt of Appeals of Kentucky · 1858
- Shannahan v. CommonwealthCourt of Appeals of Kentucky · 1871
3 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- State v. BelcherSupreme Court of South Carolina · 2009
- Frasure v. CommonwealthCourt of Appeals of Kentucky · 1916
- Kent v. the PeopleSupreme Court of Colorado · 1885
- McHargue v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1929
- Ewing v. CommonwealthCourt of Appeals of Kentucky · 1908
18 more not listed; retrieve them via the Exa API.