117 Ky. 941 | Ky. Ct. App. | 1904
Opinion of the court by
Affirming.
Appellant was indicted by the grand jury of Knox county, ‘"charged with, the wilfull murder of George M. Cole. A trial resulted in a conviction of the accused, and his sentence to the penitentiary for the term of 15 years:
The grounds urged for a new trial are: First, that the verdict was against the law and the evidence; second, that the court misinstructed the jury in this: That the first instruction directs the jury to convict the (defendant “if the jury believe beyond a reasonable doubt . . . that the shot caused or ‘hastened’ the death of the deceased within a year and a day;” third, because of the discovery of new and important evidence on behalf of the defendant.
The evidence discloses that prior to the difficulty appellant had been in the employ of the deceased as a laborer; that on the day of the shooting he left deceased’s employ
The trial court did not err in the instruction complained of. Although the wound which appellant- inflicted upon the
There was no pretense by appellant to maintain his third .ground for a new trial, as he filed no affidavits or other evidence in support of it.
Although not set forth as a ground for a new trial, appellant complains of the court’s failure to grant him a continuance based upon the absence of a witness, one Dr. Crit. •Jones. ‘The record shows that appellant’s affidavit as to what Dr. Jones would testify was allowed to be read as a deposition, and we do not think the court erred in refusing a -continuance.
Upon the whole case we are satisfied that appellant received a fair and impartial trial, and that the verdict was lighter than the facts warranted.
The judgment is affirmed.