Parsons v. Commonwealth

Decision Date09 October 1879
Citation78 Ky. 102
PartiesParsons v. Commonwealth.
CourtKentucky Court of Appeals

APPEAL FROM SPENCER CIRCUIT COURT.

CALDWELL & HARWOOD FOR APPELLANT.

P. W. HARDIN, ATTORNEY GENERAL, FOR APPELLEE.

JUDGE HINES DELIVERED THE OPINION OF THE COURT.

From the evidence in this case, the jury were authorized to find that the deceased, Bryant, had repeatedly threatened to take the life of appellant, had lain in wait on two occasions or more, armed with a rifle gun, for the purpose of taking the life of appellant, and that he once shot at appellant for that purpose. At the time of the killing appellant was returning from mill and near his own house. What passed between him and the deceased at the time is not known. One witness heard angry words, but could not distinguish them, and saw appellant fire at the deceased, then pursue him some fifteen steps and fire again, both shots taking effect on Bryant, either one of which would probably have proved fatal. Bryant, when he met appellant, had a sack of corn on his shoulder, going in the direction of the mill, and was unarmed. The jury were further authorized, from the evidence, to find that, at the time of the killing, appellant had reasonable grounds to believe, and did believe, that his life was in constant danger at the hands of Bryant, and that the only apparently safe means of escape was to take his life, in order to avoid future assassination.

On trial, appellant was sentenced to the penitentiary for four years.

The complaint on appeal is, that the court gave improper instructions, and refused to give others asked for by appellant. Among those given and complained of is the following, which was asked for by appellant but modified by the court by adding the words "and there" after the word "then," and by striking out the words "but had the right to pursue his adversary and to slay him." As modified, it reads: "The Court instructs the jury, that if they believe from the evidence, and from all the facts and circumstances proven in the case, that the accused believed, and had reasonable grounds to believe, that his life was in danger from deceased, or that he was in danger of great bodily harm from deceased, whenever and wherever he might meet him, and that, on the occasion when the accused met and killed the deceased (if he did kill him), he believed, and had reasonable grounds to believe, such danger was then and there impending, and that he could secure his personal safety in no other way than by...

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1 cases
  • Commonwealth v. Rudert
    • United States
    • Kentucky Court of Appeals
    • January 25, 1901
    ...a person has been merely threatened by even the most lawless character, it furnishes no legal excuse for taking his life." In the Parsons Case, 78 Ky. 102, the Case is reaffirmed as the law, and an instruction approved which said: "*** that on the occasion when the accused met and killed th......

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