[DOWNLOAD] "Frazier v. Commonwealth" by Court Of Appeals Of Kentucky * Book PDF Kindle ePub Free

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eBook details

• Title: Frazier v. Commonwealth
• Author : Court Of Appeals Of Kentucky
• Release Date : January 23, 1945
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 51 KB

Description

VAN SANT, Commissioner. The appeal is from a judgment of conviction for manslaughter, and a sentence of three years in the State Reformatory. Appellant contends that the Court erred in (1) admitting incompetent evidence introduced by the Commonwealth; (2) rejecting competent evidence offered by appellant; (3) instructing the jury; and (4) that the evidence does not sustain the verdict of the jury. Appellant and his brother, John Will Frazier, were jointly indicted and tried for murder growing out of the killing of Willie Fryar. Both were convicted, but John Will since has died. Fryar, the Frazier brothers, and other congregated at Turkey Knob, about one mile from the city of Stanton in Powell County, in the late afternoon of June 3, 1943. Most of the aggregation were drinking, but appellant was not. The evidence as to the cause of the trouble is conflicting. That for the Commonwealth supports its theory that John Will Frazier, appellant's brother, started the argument by resentfully accusing Fryar of making the statement that appellant's and John Will's father was a coward. John Will had a knife in his hand, and was drinking, cursing, and crying. He approached Fryar with the open knife; Fryar, in an endeavor to keep out of reach, ran around an automobile two or three times; fled to a car parked nearby, and gained possession of the handle of a jack. While this was going on, Woodrow Frazier obtained a pistol, and as soon as Fryar obtained possession of the jack handle, Woodrow fired at him five or six times, two bullets taking effect in his body, from which he died. After he was shot, John Will cut the deceased with his knife. After appellant fired at Fryar, his brother called to him, 'Kill him, God damn him'. The Frazier brothers immediately drove off in an automobile, leaving the deceased lying on the ground. The evidence for appellant was to the effect that Fryar started the altercation by obtaining the jack handle and attempting to do great bodily harm to John Will; and, fearful that his brother's life would be taken, appellant shot in his defense. It is obvious that the evidence for the Commonwealth is sufficient to sustain the verdict of the jury.

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