Reinke v. Commonwealth

• Decision Date: 24 May 1910
• Citation: 128 S.W. 314
• Parties: REINKE v. COMMONWEALTH.
• Court: Kentucky Court of Appeals

128 S.W. 314

REINKE v. COMMONWEALTH.

Court of Appeals of Kentucky.

May 24, 1910

Appeal from Circuit Court, Jefferson County, Criminal Division.

"Not to be officially reported."

Herman Reinke was convicted of manslaughter, and he appeals. Affirmed.

Herman Morris, for appellant.

Jas. Breathitt, Atty. Gen., and Tom B. McGregor, Asst. Atty. Gen., for the Commonwealth.

NUNN, J.

Appellant was indicted for the murder of one Siler. He was tried and convicted of manslaughter and sentenced to five years in the penitentiary. Appellant had a room and was boarding in the house of Siler, and the killing occurred in appellant's room. Both parties were drinking. Shortly prior to the killing they had a difficulty at a hotel in which Siler struck appellant with his fist. The quarrel was renewed, and the killing resulted. There was much testimony introduced showing that appellant acted in self-defense. It was shown, however, without contradiction, that appellant cut Siler seven times; that two of these were stabs which went to the hollow and were under the left arm. After a careful examination of all the testimony, we have concluded that the jury must have arrived at the conclusion that appellant used more force than was necessary to repel the assault made upon him by Siler, and it was its province to weigh the evidence, and this court has no right to disturb the verdict when there is any evidence to support it.

Appellant's counsel contend that the court erred in failing to give an instruction telling the jury that appellant had the right to stand his ground and defend himself in his own room which he had rented for the time being. Admitting this to be correct, the court did not err because in the instruction on self-defense appellant was not required to escape or avert the danger to himself.

For these reasons, the judgment of the lower court is affirmed.