202 S.W.2d 634 | Ky. Ct. App. | 1947
Reversing.
R.W. Dyche died of a heart attack. Robert Hubbard has been adjudged guilty of killing him and sentenced to two years' imprisonment on a charge of voluntary manslaughter. The trial was had in Jackson County on a change of venue.
Hubbard was at home on furlough from the army in August, 1945. He was arrested for being drunk in a public place and taken before the County Judge of Laurel County. Being too drunk to be tried, he was ordered to jail, but refused to go peaceably. Dyche, the jailer, and Newman, a deputy, took hold of him. The prisoner resisted and struck Newman. In the scuffle both fell to the floor and Hubbard lay on his back "kicking at" anybody or anything within reach. Dyche had hold of him. He said, "I have done all I can; you will have to help me," or "Somebody is going to have to take my place; I am done." Judge Boggs took hold of the prisoner and persuaded him to get up; but he continued to resist as he was being taken to jail by Newman and another person. Dyche followed them out of the courthouse. He put his hand over his heart and sat down. In a few minutes he got down on the ground where he "rolled and tumbled" until he died within a half hour. Hubbard never struck Dyche at all, and he received no physical injury. He had been suffering for some time with a serious condition of the heart, and had remarked to a friend several hours before that he was feeling bad. Three doctors testified that his death was due to acute dilatation of the heart, but that the physical exercise and excitement was calculated to accelerate his death.
The defendant testified that he had no memory of what had occurred. He and the deceased were friends.
The only inquiry we need make is whether the facts constitute involuntary manslaughter. It seems manifest that under any proper view of the case the defendant could be guilty of no higher degree of homicide, although the court did not give an instruction on that offense. The death of Dyche was charged to have resulted *820
from the commission by Hubbard of a misdemeanor not of a character likely to endanger life. Sikes v. Commonwealth,
There is a close line of distinction between criminal responsibility and innocence where the facts approach or are similar to those presented here. One cannot escape culpability because factors other than his act contributed to the death of another or hastened it, such as where he was suffering from some fatal malady or had a predisposed physical condition, as being in feeble health, without which a blow or other wound would not have been fatal. Hopkins v. Commonwealth,
We have a case in our jurisprudence like the present one in principle. A woman became frightened because of the unlawful discharge of a pistol on a public highway by the defendant, and because of the fright she gave premature birth to a child, after which she became sick and died. We held that while the woman had been badly frightened by the unlawful act of the defendant and her miscarriage was caused by it, her death was not the natural or probable consequence of the defendant's unlawful act. Commonwealth v. Couch, *821 106 S.W. 830, 32 Ky. Law Rep. 638; 16 L.R.A., N.S., 327.
Somewhat like this case is People v. Rockwell,
In Letner v. State,
It seems to us that where the cause of death was not due to a corporal blow or injury (essential under the early common law) or to some hostile demonstration or overt act directed toward the person of the decedent, there is no criminal liability unless death or serious bodily harm was the probable and natural consequence of an indirect, unlawful act of the accused. If there is reasonable doubt of this it would be unjust to punish the accused. Commonwealth v. Couch, supra; Hendrickson v. Commonwealth,
In the present case the misdemeanor of the defendant must be regarded as too remote — not in time, to be sure, but as the cause. The failure of the man's diseased heart was the cause. Livingston v. Commonwealth, 14 Grat., Va., 592. The deceased knowing he had a serious condition of the heart undertook a task which he knew would excite him or create an emotional state of mind, which he also well knew he should have avoided. The evidence is that he had theretofore exercised such wise discretion. His intervening act in rolling and tumbling in pain on the courthouse yard, instead of lying quiet and still, was probably as much responsible for his ensuing death as was the initial excitement caused by the conduct of the accused. It was suggested in reference to the death of the woman in the Couch case that it may have been due to improper or want of attention following her confinement, or to some unrelated disease, hence the indictment which described the facts in detail was held not to state a criminal offense. It is, at least, speculative to say that the act of the defendant in this case was sufficiently proximate to impose criminal responsibility upon him for the unfortunate death. We are of opinion, therefore, that the court should have directed an acquittal.
The judgment is reversed. *823