123 Ky. 1 | Ky. Ct. App. | 1906
Opinion by
Reversing.
James Smith was a tenant of Robert Neeley, living on Ms farm not far from Neeley’s bouse. Neeley bad separated from bis wife, and Smith’s wife bad been cooking for Neeley when be bad company, and doing other housework for him. He missed some things from bis bouse and accused her of stealing them. After this be received information of threats made against him by Smith’s son, and saw the son about Ms premises acting peculiarly. He then went to a magistrate and took out a peace warrant for James Smith and
In lieu of the instruction quoted the court should have instructed the jury as above indicated. The difficulty with the instruction of the court is that it does not inform the jury as to the amount of force which Smith might lawfully have used, nor does it define to them the circumstances under which -Jackson might act in his self-defense. If the proof for the defendant is 'true, then Neeley was down at the road, and had nothing to do with the shooting. He was unarmed, and from the defendant’s version of the matter was in no way connected with the homicide. In view of the evidence for the defendant, the court on another trial will also instruct the jury that if the defendant Neeley did not shoot Smith, or take any part in the shooting of him, and 'accompanied Jackson innocently and for no improper purpose to harm Smith or any of his family, they should acquit Mm.
Judgment reversed, and cause remanded for a new trial and further proceedings consistent herewith.