114 Ky. 620 | Ky. Ct. App. | 1903
Opinion of the court by
— .Affirming.
Appellant was tried, indicted, and convicted of the crime of willful murder, and sentenced to death. He was found guilty of having maliciously and feloniously killed his wife by shooting her in ihe back. His defense, and the only defense, was that of insanity. There is no evidence in the record of any taint from this malady in appellant’s family, or in him previous or subsequent to the killing. No witness testified that, in his opinion, appellant was, or ever had
Appellant complains of the instructions given by the court to the jury on the subject of insanity. They are in the identical language, excepting names, used by the same court on the trial of Portwood. Portwood’s defense was insanity. He was convicted, and sentenced to death. On appeal this court held that the instructions given fairly presented the law, and the judgment was affirmed. Portwood v. Com., 104 Ky., 496 (20 R., 680) 47 S. W., 339. The instructions as to insanity are as follows: “(2) If the defendant did shoot Lucy McCarty, but at the time he shot her the defendant did not have mental capacity sufficient to enable him to know and understand that it was wrong to shoot said Lucy McCarty, the defendant was of unsound mind; or, if the defendant did shoot said Lucy McCarty, but at the time he .shot her the defendant was prompted to do such shooting by an impulse, resulting from a diseased mind, of such violence that it overcame the will of the defendant, and constrained him to shoot said Lucy McCarty when he did not wish to shoot her, the defendant was of unsound mind. (3) If the defendant did shoot Lucy McCarty, but at the time he did so the defendant had mental capacity sufficient to enable him to know right from wrong, and if at the time he had will power sufficient to enable Mm to choose between shooting and refraining from shooting said Lucy McCarty, the defendant was of sound mind; and if the defendant did shoot Lucy McCarty, but at the time he did so the defendant had
An unobjectionable jury of the community, selected fairly, under the duty alike of enforcing the criminal laws of the State in this case and of determining under proper instructions and guarded legal procedure the fact of the defendant’s guilt, have found him guilty of the crime charged. We can not say that the evidence does not support their verdict. In their discretion they have inflicted the severest penalty.
There appears to us to be no error in the record, wherefore the judgment must be affirmed.
Petition for rehearing by appellant overruled.