Fields v. Commonwealth

Court of Appeals of Kentucky

Fields v. Commonwealth

12 Ky. Op. 576, 5 Ky. L. Rptr. 861, 1884 Ky. LEXIS 248

DecidedApril 10, 1884

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This text of 12 Ky. Op. 576 (Fields v. Commonwealth) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Fields v. Commonwealth, 12 Ky. Op. 576, 5 Ky. L. Rptr. 861, 1884 Ky. LEXIS 248 (Ky. Ct. App. 1884).

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Opinion

Opinion by

Judge Hines :

This is an appeal from a life sentence to the penitentiary on a charge of murder. The evidence tends to show threats and an assault by the deceased and such circumstances surrounding the killing as might have authorized the jury to find the defendant guilty of manslaughter only.

In view of these facts it is insisted that the court below erred in neglecting to instruct the jury, as we have held it should do, under Crim. Code 1876, § 239. That section says: “If there be a reasonable doubt of the degree of the offense which the defendant has committed, he shall only be convicted of the lower degree.” The necessity of giving such an instruction under circumstances such as developed here was determined by this court in the case of Williams v. Commonwealth, 80 Ky. 313, 4 Ky. L. 3.

For the error indicated the judgment is reversed and cause remanded with directions to grant appellant a new trial.

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Opinion by

Judge Hines :

This is an appeal from a life sentence to the penitentiary on a charge of murder. The evidence tends to show threats and an assault by the deceased and such circumstances surrounding the killing as might have authorized the jury to find the defendant guilty of manslaughter only.

In view of these facts it is insisted that the court below erred in neglecting to instruct the jury, as we have held it should do, under Crim. Code 1876, § 239. That section says: “If there be a reasonable doubt of the degree of the offense which the defendant has committed, he shall only be convicted of the lower degree.” The necessity of giving such an instruction under circumstances such as developed here was determined by this court in the case of Williams v. Commonwealth, 80 Ky. 313, 4 Ky. L. 3.

For the error indicated the judgment is reversed and cause remanded with directions to grant appellant a new trial.

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Bluebook (online)

12 Ky. Op. 576, 5 Ky. L. Rptr. 861, 1884 Ky. LEXIS 248, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fields-v-commonwealth-kyctapp-1884.

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