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Bennefield v. Commonwealth

294 S.W. 828, 220 Ky. 80, 1927 Ky. LEXIS 481
CourtCourt of Appeals of Kentucky (pre-1976)
DecidedMay 20, 1927
StatusPublished

This text of 294 S.W. 828 (Bennefield v. Commonwealth) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky (pre-1976) primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bennefield v. Commonwealth, 294 S.W. 828, 220 Ky. 80, 1927 Ky. LEXIS 481 (Ky. 1927).

Opinion

OPINION op the Court by

Drury, Commissioner—

Reversing.

Upon Ms trial under an indictment for the murder of Roscoe Barnes, Bennefield was found guilty of manslaughter and his punishment fixed at 20 years in the penitentiary. The defendant was convicted of manslaughter, and might have been convicted of murder, under instructions that erroneously failed to require the jury to believe “from the evidence beyond a reasonable doubt” the tMngs necessary to constitute his guilt. See Adkins v. Com., 82 S. W. 242, 26 Ky. Law Rep. 496; Ison v. Com., 66 S. W. 184 23 Ky. Law Rep. 1805: Gibson v. Com., 214 Ky. 458, 283 S. W. 427. The contention that -.the verdict is flagrantly ag’ainst the evidence cannot be isustained.

The judgment is reversed. Mandate to issue immediately.

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Related

Gibson v. Commonwealth
283 S.W. 427 (Court of Appeals of Kentucky (pre-1976), 1926)

Cite This Page — Counsel Stack

Bluebook (online)
294 S.W. 828, 220 Ky. 80, 1927 Ky. LEXIS 481, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bennefield-v-commonwealth-kyctapphigh-1927.