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Fuente: Caselaw Access Project, Harvard Law School Library Innovation Lab (static.case.law); Kentucky Court of Appeals; 280 Ky. 410. Datos: https://static.case.law/ky/280/cases/0410-01.json. Opinión judicial de EE.UU. sin restricciones conocidas de uso: CAP levantó las restricciones el 2024-03-01 (prensa); el espejo HF free-law declara cc0-1.0; NO c… Abrir la fuente
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Coleman v. Commonwealth, 280 Ky. 410 (Kentucky Court of Appeals, 1939) Opinion op the Court by Judge Thomas Affirming. At the trial of an indictment returned by the grand jury of Pike County accusing appellant of the offense of maiming (as is denounced by Section 1165 of our present statutes) by biting off a portion of an ear of Prank Kenney, lie was convicted and punished by confinement in the penitentiary for the minimum period of one year. His motion for a new trial was overruled, and from the judgment pronounced on the verdict he prosecutes this appeal, urging through his counsel these grounds as reversible errors: (1) Error in overruling defendant’s demurrer to the indictment; (2) error in admitting incompetent evidence offered by the commonwealth; (3) error in ^overruling defendant’s motion for a peremptory acquittal; (4) the verdict is flagrantly against the evidence and not supported by it, and (5) newly discovered evidence since the trial material to appellant’s defense. Before discussing these grounds seriatim, we deem it necessary to observe that the provisions of our section of the statute, supra, are an enlargement and a broadening of the common law crime of mayhem. The common law offense was “such a bodily hurt as renders a man less able in fighting to defend himself or annoy his adversary ; but if the injury be such as disfigures him only, without diminishing his corporal abilities, it does not fall within the crime of mayhem.” Wharton’s Criminal Law, 12th…
Fuente: Caselaw Access Project, Harvard Law School Library Innovation Lab (static.case.law); Kentucky Court of Appeals; 280 Ky. 410. Datos: https://static.case.law/ky/280/cases/0410-01.json. Opinión judicial de EE.UU. sin restricciones conocidas de uso: CAP levantó las restricciones el 2024-03-01 (prensa); el espejo HF free-law declara cc0-1.0; NO c… Abrir la fuente
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Coleman v. Commonwealth, 280 Ky. 410 (Kentucky Court of Appeals, 1939) Opinion op the Court by Judge Thomas Affirming. At the trial of an indictment returned by the grand jury of Pike County accusing appellant of the offense of maiming (as is denounced by Section 1165 of our present statutes) by biting off a portion of an ear of Prank Kenney, lie was convicted and punished by confinement in the penitentiary for the minimum period of one year. His motion for a new trial was overruled, and from the judgment pronounced on the verdict he prosecutes this appeal, urging through his counsel these grounds as reversible errors: (1) Error in overruling defendant’s demurrer to the indictment; (2) error in admitting incompetent evidence offered by the commonwealth; (3) error in ^overruling defendant’s motion for a peremptory acquittal; (4) the verdict is flagrantly against the evidence and not supported by it, and (5) newly discovered evidence since the trial material to appellant’s defense. Before discussing these grounds seriatim, we deem it necessary to observe that the provisions of our section of the statute, supra, are an enlargement and a broadening of the common law crime of mayhem. The common law offense was “such a bodily hurt as renders a man less able in fighting to defend himself or annoy his adversary ; but if the injury be such as disfigures him only, without diminishing his corporal abilities, it does not fall within the crime of mayhem.” Wharton’s Criminal Law, 12th…