196 Ky. 639 | Ky. Ct. App. | 1922
Opinion of ti-ie Court by
Affirming.
The appellant, Henry Banks, was accused by an indictment of the crime of wilful murder. Upon a trial be was found guilty of that crime by the jury, and the penalty for the crime fixed at death. In conformity to the verdict, he was adjudged to be guilty of the crime, and that he should suffer the penalty, as provided by law in sucb cases. His motion to set aside the verdict and to grant him a new trial was overruled.- He has appealed from the judgment, and -seeks a reversal and the ordering of a new trial. The nature of the ground upon which
The grounds for a new trial rely upon only two alleged errors of the court; one of them was in the admission and rejection of evidence, and the other was the failure of the court to properly instruct the jury as to the law pertaining to the case.
(a) A properly certified transcript of,the evidence on file shows that there was not any evidence admitted which was objected to by the appellant, nor was any evidence excluded which was offered by him.
(b) The appellant insists that the instructions given by the count defining his right of self-defense contained an unsound principle, and, also, a qualification limiting the right of self-defense, and that the qualification should