Cook v. Commonwealth

• Decision Date: 12 June 1888
• Parties: COOK v. COMMONWEALTH.
• Court: Kentucky Court of Appeals

8 S.W. 872

COOK v. COMMONWEALTH.

Court of Appeals of Kentucky.

June 12, 1888

Appeal from circuit court, Ballard county.

Z. W. Bugg, for appellant.

S. H. Crossland, for the Commonwealth.

HOLT, J.

This conviction is for murder. The punishment awarded is confinement for life in the penitentiary. A proper instruction as to murder, but none as to manslaughter, was given to the jury. The appellant asked the trial court to give the whole law of the case. It was its duty to do so, in the absence even of such a request. No instruction should ever be given, however, unless based upon an hypothesis supported by some evidence. If the court passes this line, it is no longer the law of the case. In this instance there was no combat between the deceased and the appellant. There was, so far as the evidence discloses, no demonstration or offensive movement whatever upon the part of the deceased. Because of offensive words spoken by him, the appellant crushed his skull with an axe, resulting in death. The person of the appellant was at the time in no danger. There was no legal provocation to reduce the offense from murder to manslaughter. Says Wharton: "Words of reproach, how grievous soever, are not provocation sufficient to free the party killing from the guilt of murder; nor are indecent, provoking actions or gestures, expressive of contempt or reproach, without an assault upon the person." Whart. Crim. Law, § 455 a. This rule is well settled. The peace of society, and the safety and value of human life, will not admit of a different one. The facts of this case did not authorize an instruction as to manslaughter. Judgment affirmed.