|Appeal from Circuit Court, Clay County|
|Jones Vs. Commonwealth|
Court of Appeals of Kentucky|
March 15, 1894
John S. Jones was convicted of manslaughter, and appeals. Affirmed.
Appellant having been, jointly with William Lankford, indicted for murder of Milton Jones, was convicted of manslaughter, and sentenced to the penitentiary for 21 years. The evidence shows that long enough before the homicide for Lankford and appellant to walk three-quarters of a mile from the place, and return with a gun and pistol, a difficulty had occurred, in which a blow was given by William Jones, father of Milton, to Lankford, who appears to have fled immediately after the killing, and never been arrested; and that, when they came back, Lankford and appellant, after taking a drink apiece of liquor, came out of the saloon, and, seeing William Jones standing on the platform of another saloon across the street, Lankford asked him if he was ready, but, without waiting for reply, fired a shot at him, which, however, did not touch him; and then the deceased, standing near his father, fired a pistol shot at Lankford, whereupon both he and appellant, John S. Jones, began firing at Milton, inflicting two mortal wounds, of which he very soon died. According to the evidence, appellant was unquestionably guilty of murder; but, as the jury has mercifully returned a verdict of manslaughter, it must, of course, stand, if no error of law occurred on the trial to prejudice his substantial rights. No brief has been filed for him, and we will therefore consider the grounds filed on motion for a new trial. The error of court in respect to alleged incompetent evidence is not complained of, except in general terms, nor do we perceive in what particular there was any. The instructions are, so far as we can see, full and accurate; certainly, appellant was not prejudiced by them in the form given. The other grounds relate to alleged misconduct of the jury after the case was submitted, and of the officer in charge. But, even if this court could take cognizance of the matters made ground of complaint, the affidavits filed show both the jury and officer not at all guilty of the charge against them.
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