Roberts v. Commonwealth
Court of Appeals of Kentucky
Case 105 — INDICTMENT APPEAL PROM PAYETTE .CIRCUIT COURT. It was error to allow the mistake in the instruction to be corrected, and the case resubmitted after the jury had agreed upon a verdict. (Criminal Code, sec. 225; State v. Catlin, 3 Vt., 530.) Brief not in record. , The appellant was not prejudiced by the correction of the mistake in the instruction, and besides, there was no exception to the instruction when corrected.
1Opinion of the Court
JUDGE PRYop
DELIVERED TH'E OPINION OF THE COURT.
The appellant, Roberts, was indicted in the Fayette Circuit Court for the murder of John McCarty. The jury brought in a verdict of manslaughter, fixing his punishment at confinement in the penitentiary for four years.
There is only one question in the case necessary to be considered. After the evidence had closed for the State and the defense, the court, through inadvertence, instructed the jury that if the accused was guilty of manslaughter his punishment was confinement in the State prison for a period of not less than ten nor more than…
2Cited by5 opinions
- Bogie v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1971
- Jackson v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1946
- Tucker v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1934
- Thomas v. CommonwealthCourt of Appeals of Kentucky · 1907
- Chandler v. CommonwealthCourt of Appeals of Kentucky · 1956