Carver v. Com.
| Decision Date | 20 March 1953 |
| Citation | 256 S.W.2d 375,49 A.L.R.2d 616 |
| Parties | CARVER v. COMMONWEALTH. |
| Court | United States State Supreme Court — District of Kentucky |
Paul R. Huddleston, Bowling Green, for appellant.
J. D. Buckman, Jr., Atty. Gen. and Zeb A. Stewart, Asst. Atty. Gen., for appellee.
Appellant, Henry Carver, was convicted of voluntary manslaughter and sentenced to confinement in the penitentiary for a period of ten years. He killed James Hines.
Carver and Hines were tenant farmers and neighbors. They lived near Bowling Green. Appellant was about 53 years old and, according to his testimony, weighed about 150 pounds and was in poor health. The deceased was 26 years old, about 6 feet tall and weighed nearly 200 pounds. Appellant was known as a steady drinker and Hines drank occasionally. Neither had been in trouble before and each bore the reputation of being a good law-abiding citizen. Previous to the fatal day, the parties had had some 'trouble' but it appears to have been little more than rather rough horseplay which had been initiated by Hines. However, on the afternoon of Saturday, November 17, 1951, their relationship was friendly. They each drank a bottle of beer in a poolroom in Bowling Green and left together about 4 or 4:30 p. m. Appellant testified that they then went to a garage to pick up his car and at the garage he noticed that Hines had been drinking more than he theretofore had thought he had. Nevertheless, they got into the car and started home. During the ride home, over a distance of about seven miles, Carver stated that Hines began to show more plainly that he was under the influence of alcohol. Hines opened a pocket knife and, in order to annoy appellant, occasionally jabbed him in the leg with it. When appellant reached his house, he stopped at his gate and requested that Hines go on home, but Hines would not answer him and he finally drove up to the house where he got out and was followed into his home. He then realized that Hines was drunk.
Carver testified that the following happened within the space of ten minutes:
He further stated that when Hines struck him, 'he hit me on the left side of the nose which is very sensitive any way because I have had part of that bone took out, it seemed to kinder addle me and I didn't hardly seem to realize what did happen after I was hit.'
Appellant assigns as his principal ground for reversal the fact that the jury was not polled after the verdict was returned.
We will describe the circumstances surrounding this incident in the language used in the bill of exceptions ...
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