132 Ky. 213 | Ky. Ct. App. | 1909
Opinion op the Court by
Affirming.
Appellant, Sarah Steely, was jointly indicted in the Whitley circuit court with her son, Granville Steely, a boy 15 years of age, for the murder of Martin B. Snyder. The homicide occurred in appellant’s house, in the city of Williamsburg. The wounds of which Snyder died were inflicted by appellant’s son with a knife, but both mother and son were indicted as principals. Appellant was accorded a separate trial, convicted of voluntary manslaughter, and her punishment fixed at confinement in the penitentiary for five years. She appealed from the judgment of conviction, and obtained in this court a reversal thereof. Steely v. Commonwealth, 112 S. W. 655, 33 Ky. Law Rep. 1032, 129 Ky. 524. The second trial in the circuit court resulted in a verdict finding appellant guilty of voluntary manslaughter, and fixing her punishment at confinement in the penitentiary for two years. Judgment was entered in conformity to the verdict, and appellant, having been refused a new trial, has again appealed.
As the opinion on the former appeal contains, a statement of the facts, it will be unnecessary to elaborately repeat them here. We find, however, that the evidence on the last trial, while not substantially dif
The deceased made a dying declaration, which, .was read to the jury, wherein he said he-had assisted in carrying the keg of beer to appellant’s house, and all present had partaken, of it; that he and appellant’s son, Granville Steely, got into a crap game on the floor, and that. Granville began to pick up all the money that was placed on the floor, and gave it to his mother, who put it in her stocking; that appellant finally cursed and ordered him and the other persons present out of the house; that she then got the axe, and drew it on. him-, and he took up the lamp, which was hjs, threw it, and hit her on the shoulder, and as he passed out through the door, Granville Steely, by command of his mother, ran around and stabbed him twice. Appellant and' her son denied the taking of any money from the floor during the game of craps, and both testified that she did not get the axe until deceased had refused to- obey her order to leave the house; that she did not attempt to strike.Mm with it until he struck her with his fist and the lamp, and that
Counsel for appellant insists that the court erred in instructing the jury. We can find no ground for this complaint. The instructions contained no error. They were copied from the opinion of this court on the first appeal, and the circuit court was directed in the’ opinion to give them upon the second trial of the case for the guidance of the jury, and its failure to do so would have been error authorizing a reversal.
It is further contended by counsel for appellant that as appellant’s son, Granville Steely, who inflicted upon deceased the wounds from which he died, was separately tried and acquitted before the last trial of appellant took place, and as it is only claimed for the Commonwealth that appellant aided and abetted.
Finding in the record no cause for a reversal, the judgment is affirmed. Whole court sitting.