Gibson v. Commonwealth
Court of Appeals of Kentucky
Case 40 — HOMICIDE— APPEAL FROM CRIMINAL MANSION OF JEFFERSON CIRCUIT COURT. 1. The court should have sustained the motion for peremptory instruction for a failure of proof. 2. The facts set out in instruction No. 2 do not constitute voluntary manslaughter, but only involuntary manslaughter or unintentional homicide. 3. The court should have instructed the jury upon the subject of involuntary manslaughter. 4. The court should have instructed the jury upon the subject of…
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Case 40 — HOMICIDE— APPEAL FROM CRIMINAL MANSION OF JEFFERSON CIRCUIT COURT. 1. The court should have sustained the motion for peremptory instruction for a failure of proof. 2. The facts set out in instruction No. 2 do not constitute voluntary manslaughter, but only involuntary manslaughter or unintentional homicide. 3. The court should have instructed the jury upon the subject of involuntary manslaughter. 4. The court should have instructed the jury upon the subject of murder. 5. The court should have defined murder. Citations: Crim. Code, sec. 240; Com. v. Blackwell, 93 Ky., 309; Gist v.…
1Opinion of the Court
JUDGE BURNAM
delivered the opinion op the court.
The appellant was indicted for the murder of her two months old baby, and was found guilty of manslaughter, and sentenced to thé penitentiary for three years; and from that judgment this appeal is prosecuted.
*362The main errors upon which she relies for a reversal are (1) that the testimony in the case did not authorize the verdict of the jury; and (2) that the second instruction, which authorized the jury to find her guilty of manslaughter, did not sufficiently describe that offense.
The testimony discloses that defendant was an unmarried woman, and…
2Cited by16 opinions
- State v. MintonSupreme Court of North Carolina · 1952
- State v. ZobelSouth Dakota Supreme Court · 1965
- Craig v. StateCourt of Appeals of Maryland · 1959
- Bartley v. CommonwealthKentucky Supreme Court · 2013
- Commonwealth v. HallMassachusetts Supreme Judicial Court · 1948
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