Vogt v. Commonwealth

• Decision Date: 03 October 1891
• Citation: 92 Ky. 68,17 S.W. 213
• Parties: Vogt v. Commonwealth.
• Court: Kentucky Court of Appeals

17 S.W. 213

92 Ky. 68

Vogt v. Commonwealth.

Court of Appeals of Kentucky.

October 3, 1891

Appeal from circuit court, Jefferson county.

"Not to be officially reported."

Indictment of George Vogt for murder. Verdict of guilty. Defendant appeals. Reversed.

Lewis J.

According to evidence of witnesses in this case for the commonwealth appellant went to the saloon and grocery of one Hackworth and, while they were drinking, Collins, the deceased, came in, and, Hackworth introducing them, they took a drink together, when appellant said to deceased: "I have met you before. I met you at South Louisville, at the election;" to which Collins replied, "I am a straight Democrat," when appellant said, "You didn't show it at the last election," and Collins said, "You people would not allow me to show it," to which appellant replied, "If you say I would not, you are a damned liar;" and then Collins, removing his left hand from appellant's shoulder, where it had been placed and stepping back, said, "I have never taken that, and will not take it now;" whereupon appellant drew a pistol and shot him, from which he died in a few seconds. One witness states that Collins, even after the insulting language had been used, proposed taking a friendly drink, and dropping the quarrel. None of the witnesses for the commonwealth testified to seeing a weapon of any kind in possession of Collins at the time, though some of them testified they had ample opportunity, and would have seen the butcher-knife exhibited on the trial if it had been in his hand, or about his person after he fell to the floor. But according to the statement of appellant he went to the saloon of Hackworth to serve on a map living in the neighborhood a process of court that had been put in his hands to execute and, while there inquiring for him, Collins came in and went behind the counter; but nothing then occurred between them. Appellant, after taking a drink, went out in search of the man referred to, and as he came back to the saloon Collins and others were standing outside the saloon, when, to the remark of Collins he "was a straight Democrat," appellant replied, as before said, he "didn't show it at the last election," and went into the saloon, and Collins started for him, when he was held by George Dunn and others. As soon as he got in the saloon appellant called for drinks, and paid for them, and then Collins said, "I have never taken the damned lie, and won't take it now." Appellant started, and Collins grabbed him by the shoulder, and struck him two or three times, and then Hackworth also grabbed him, and told his wife to bring his pistol; that he would...