Haverly v. Commonwealth
Court of Appeals of Kentucky
Case 7 — INDICTMENT APPEAL FROM HARRISON CIRCUIT COURT. 1. The court erred in its instructions in excluding from the consideration of the jury all previous acts of hostility by the deceased toward the accused.
Read the full summary
Case 7 — INDICTMENT APPEAL FROM HARRISON CIRCUIT COURT. 1. The court erred in its instructions in excluding from the consideration of the jury all previous acts of hostility by the deceased toward the accused. (Bohannon v. Commonwealth, 8 Bush, 481; Oder v. Commonwealth, 80 ICy., 32.) • 2. It was error to submit the case to the jury in the absence of counsel for the accused, the failure to send for counsel resulting in the failure to have the jury take with them to their room one of the depositions and also the weapons in evidence. (Crim. Code, sec. 248; Allen v. Commonwealth, 85 Kv., 642;…
1Opinion of the Court
JUDGE HAZBLRIGG
delivered the opinion of the court.
Under an indictment for the murder of Lewis Long, the appellant was convicted of the crime of manslaughter *34and sentenced to confinement in the penitentiary for the term of two years. He complains of various errors, and his motion for a new trial having .been overruled, he has appealed to this court.
It is contended by his counsel that the facts leading up to the killing are of such a character as authorized or rather required the lower court to give to the jury instructions similar in character to those given in the1 Bohannon case, 8 Bush, 481,…
2Cases cited3 opinions
- Kennedy v. CommonwealthCourt of Appeals of Kentucky · 1878
- Bohannon v. CommonwealthCourt of Appeals of Kentucky · 1871
- Oder v. CommonwealthCourt of Appeals of Kentucky · 1882
3Cited by3 opinions
- White v. CommonwealthCourt of Appeals of Kentucky · 1907
- Tull v. CommonwealthCourt of Appeals of Kentucky · 1920
- Commonwealth v. RudertCourt of Appeals of Kentucky · 1901