Selby v. Com.
| Citation | 89 S.W. 296 |
| Parties | SELBY v. COMMONWEALTH. |
| Decision Date | 17 November 1905 |
| Court | Court of Appeals of Kentucky |
Appeal from Circuit Court, Laurel County.
"Not to be officially reported."
Daniel Selby was convicted of voluntary manslaughter, and sentenced to penal servitude for a term of seven years, from which he appeals. Affirmed.
See 80 S.W. 221.
Sparks & Rawlings, for appellant.
N. B. Hays and Chas. H. Morris, for the Commonwealth.
O'REAR, J.
Appellant was convicted of voluntary manslaughter, and sentenced to penal servitude for the term of seven years.
The sole question presented on this appeal is whether an instruction covering involuntary manslaughter should have been given to the jury. On the former appeal of this case, when the facts were substantially the same as are shown in this record, it was expressly held that such instruction should not have been given (Selby v. Commonwealth, 80 S.W. 221, 25 Ky. Law Rep. 2209), which is the law of this case.
Wherefore the judgment is affirmed.
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Tobin v. State
... ... Comm ... (Ky.) 59 S.W. 28. It is error to give an instruction ... condemned on a former appeal; Selby v. Comm. (Ky.) ... 89 S.W. 296. Where the evidence in a subsequent trial is the ... same as the first, a rule on it is sufficient for the law of ... ...
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Martin v. Commonwealth
... ... the first. Our ruling in respect thereto in our former ... opinion is the law of the case. Selby v ... Commonwealth, 89 S.W. 296, 28 Ky.Law Rep. 446; ... Gambrel v. Commonwealth, 142 Ky. 839, 135 S.W. 404; ... McDaniel v. Commonwealth, 185 ... ...