give instruction in Kentucky

1987Tipton, supra. The trial court, therefore, did not err by failing to give such an instruction.

1965CR 51; Baldwin v. Wiggins, Ky., 289 S.W.2d 729 ; Mercer v. Commonwealth, Ky., 332 S.W.2d 655 .

1965CR 51; Baldwin v. Wiggins, Ky., 289 S.W.2d 729 ; Mercer v. Commonwealth, Ky., 332 S.W.2d 655 .

1964Benson v. Commonwealth, 290 Ky. 713 , 162 S.W.2d 538 .

1964Benson v. Commonwealth, 290 Ky. 713 , 162 S.W.2d 538 .

1961The Commonwealth, however, offered and requested the court to give an instruction in practically the same form as that approved in Commonwealth v. Combs, 244 Ky. 204 , 50 S.W. 2d 497 , published as § 360, Stanley’s Instructions to Juries.

1961The Commonwealth, however, offered and requested the court to give an instruction in practically the same form as that approved in Commonwealth v. Combs, 244 Ky. 204 , 50 S.W. 2d 497 , published as § 360, Stanley’s Instructions to Juries.

1954Anderson v. Shields, 314 Ky. 228 , 234 S.W.2d 739 .

1954Anderson v. Shields, 314 Ky. 228 , 234 S.W.2d 739 .

1947It is argued that an instruction similar to the following instruction, approved in Jones v. Commonwealth, 213 Ky. 356 , 281 S. W. 164, 167 , should have been given : “If the jury believe from the evidence that the killing of * * *, referred to in the indictment and instructions herein, resulted from an accident, occurring otherwise than as set forth in instructions two and three, then they will find the defendant not guilty. ’ ’ The court gave five instructions to the jury.

1947It is argued that an instruction similar to the following instruction, approved in Jones v. Commonwealth, 213 Ky. 356 , 281 S. W. 164, 167 , should have been given : “If the jury believe from the evidence that the killing of * * *, referred to in the indictment and instructions herein, resulted from an accident, occurring otherwise than as set forth in instructions two and three, then they will find the defendant not guilty. ’ ’ The court gave five instructions to the jury.

1944McG-raw v. Ayers, 248 Ky. 166 , 58 S. W. 2d 378 .

1944McG-raw v. Ayers, 248 Ky. 166 , 58 S. W. 2d 378 .

1937In the case of Tincher v. Com., 253 Ky. 623 , 69 S. W. (2d) 750, 753 , wherein it was shown that appellant had been with others engaged in the robbery of a bank, and a pistol which appellant had was fired, causing the death of an employee of the bank, and appellant insisted that he had not intended to shoot, and did not know how the pistol was caused to be discharged, and complained of lack of accident instruction, we said: “The administration of the criminal law has not yet reached the stage where it is the duty of the court to give an instruction based upon facts for which there is no testim

1937In the case of Tincher v. Com., 253 Ky. 623 , 69 S. W. (2d) 750, 753 , wherein it was shown that appellant had been with others engaged in the robbery of a bank, and a pistol which appellant had was fired, causing the death of an employee of the bank, and appellant insisted that he had not intended to shoot, and did not know how the pistol was caused to be discharged, and complained of lack of accident instruction, we said: “The administration of the criminal law has not yet reached the stage where it is the duty of the court to give an instruction based upon facts for which there is no testim

1937After referring to the case of Frisorger v. Shepse, 251 Mich. 121 , 230 N. W. 926 , wherein the rule asked to be applied in the Dorris Case was applied, this *824 court found that rule to be out of harmony with the great weight of authority, and said: “The general rule is that where the action is brought against a third party the negligence of one member of the joint enterprise will be imputed to the other.

1937After referring to the case of Frisorger v. Shepse, 251 Mich. 121 , 230 N. W. 926 , wherein the rule asked to be applied in the Dorris Case was applied, this *824 court found that rule to be out of harmony with the great weight of authority, and said: “The general rule is that where the action is brought against a third party the negligence of one member of the joint enterprise will be imputed to the other.

1936In support of this argument it cites to us and relies *134 on City of Ludlow v. Broderick, 181 Ky. 123 , 203 S. W. 1082, 1083 ; Walley v. Wiley, 56 Ind. App. 171 , 104 N. E. 318, 319 ; Seigmund v. Tyner, 52 Ind. App. 581, 101 , N. E. 20, 21; Zerban v. Eidmann, 258 Ill. 486 , 101 N. E. 925 .

1936In support of this argument it cites to us and relies *134 on City of Ludlow v. Broderick, 181 Ky. 123 , 203 S. W. 1082, 1083 ; Walley v. Wiley, 56 Ind. App. 171 , 104 N. E. 318, 319 ; Seigmund v. Tyner, 52 Ind. App. 581, 101 , N. E. 20, 21; Zerban v. Eidmann, 258 Ill. 486 , 101 N. E. 925 .

1936In support of this argument it cites to us and relies *134 on City of Ludlow v. Broderick, 181 Ky. 123 , 203 S. W. 1082, 1083 ; Walley v. Wiley, 56 Ind. App. 171 , 104 N. E. 318, 319 ; Seigmund v. Tyner, 52 Ind. App. 581, 101 , N. E. 20, 21; Zerban v. Eidmann, 258 Ill. 486 , 101 N. E. 925 .

1936In support of this argument it cites to us and relies *134 on City of Ludlow v. Broderick, 181 Ky. 123 , 203 S. W. 1082, 1083 ; Walley v. Wiley, 56 Ind. App. 171 , 104 N. E. 318, 319 ; Seigmund v. Tyner, 52 Ind. App. 581, 101 , N. E. 20, 21; Zerban v. Eidmann, 258 Ill. 486 , 101 N. E. 925 .

1936In support of this argument it cites to us and relies *134 on City of Ludlow v. Broderick, 181 Ky. 123 , 203 S. W. 1082, 1083 ; Walley v. Wiley, 56 Ind. App. 171 , 104 N. E. 318, 319 ; Seigmund v. Tyner, 52 Ind. App. 581, 101 , N. E. 20, 21; Zerban v. Eidmann, 258 Ill. 486 , 101 N. E. 925 .

1936In support of this argument it cites to us and relies *134 on City of Ludlow v. Broderick, 181 Ky. 123 , 203 S. W. 1082, 1083 ; Walley v. Wiley, 56 Ind. App. 171 , 104 N. E. 318, 319 ; Seigmund v. Tyner, 52 Ind. App. 581, 101 , N. E. 20, 21; Zerban v. Eidmann, 258 Ill. 486 , 101 N. E. 925 .

1936In support of this argument it cites to us and relies *134 on City of Ludlow v. Broderick, 181 Ky. 123 , 203 S. W. 1082, 1083 ; Walley v. Wiley, 56 Ind. App. 171 , 104 N. E. 318, 319 ; Seigmund v. Tyner, 52 Ind. App. 581, 101 , N. E. 20, 21; Zerban v. Eidmann, 258 Ill. 486 , 101 N. E. 925 .

1935For opinion on first appeal, see 250 Ky. 486 , 63 S. W. (2d) 606 .

1935For opinion on first appeal, see 250 Ky. 486 , 63 S. W. (2d) 606 .

1935Of course, it may be conceded that it is improper for the court to give an instruction having no basis in the evidence (Logan v. Commonwealth, 236 Ky. 329 , 33 S. W. [2d] 25); also, that the verdict of the jury, found upon evidence commanding the court’s instruction, must be read in connection with the instruction of the court under which it was rendered (Winstead v. Commonwealth, 236 Ky. 154 , 32 S. W. [2d] 749); also, that the court must instruct on any defense which the evidence tends to establish, which is available under the plea of “not guilty,” whether supported by defendant’s or state’

1935Of course, it may be conceded that it is improper for the court to give an instruction having no basis in the evidence (Logan v. Commonwealth, 236 Ky. 329 , 33 S. W. [2d] 25); also, that the verdict of the jury, found upon evidence commanding the court’s instruction, must be read in connection with the instruction of the court under which it was rendered (Winstead v. Commonwealth, 236 Ky. 154 , 32 S. W. [2d] 749); also, that the court must instruct on any defense which the evidence tends to establish, which is available under the plea of “not guilty,” whether supported by defendant’s or state’

1935Of course, it may be conceded that it is improper for the court to give an instruction having no basis in the evidence (Logan v. Commonwealth, 236 Ky. 329 , 33 S. W. [2d] 25); also, that the verdict of the jury, found upon evidence commanding the court’s instruction, must be read in connection with the instruction of the court under which it was rendered (Winstead v. Commonwealth, 236 Ky. 154 , 32 S. W. [2d] 749); also, that the court must instruct on any defense which the evidence tends to establish, which is available under the plea of “not guilty,” whether supported by defendant’s or state’

1934Cook v. Commonwealth, 86 Ky. 663 , 7 S. W. 155 , 9 Ky. Law Rep. 829 .

1934Cook v. Commonwealth, 86 Ky. 663 , 7 S. W. 155 , 9 Ky. Law Rep. 829 .

1934Co. v. Roberts, 144 Ky. 820 , 139 S. W. 1073 ; Ray v. Ray, supra. The evidence showing a visible stop sign on the street traveled by Ernst’s car, if Bowman had requested the court to give to the jury an instruction concerning it, it would have been the duty of the court to comply with his request, but failing to offer an instruction relative thereto he is in no attitude in this court to complain of the failure of the court to give such instruction.

1934Co. v. Roberts, 144 Ky. 820 , 139 S. W. 1073 ; Ray v. Ray, supra. The evidence showing a visible stop sign on the street traveled by Ernst’s car, if Bowman had requested the court to give to the jury an instruction concerning it, it would have been the duty of the court to comply with his request, but failing to offer an instruction relative thereto he is in no attitude in this court to complain of the failure of the court to give such instruction.

1931Caines v. Wheeler, 207 Ky. 237 , 268 S. W. 1098 .

1931Caines v. Wheeler, 207 Ky. 237 , 268 S. W. 1098 .

1929Wood v. Rigg, 152 Ky. 242 , 153 S. W. 214 .

1929Wood v. Rigg, 152 Ky. 242 , 153 S. W. 214 .

1927The same ruling was also.made in the McWilliams case supra, and in the cases of Erwin v. Commonwealth, 96 Ky. 422 ; Commonwealth v. Heath, 99 Ky. 182 ; and Riggs v. Commonwealth, 17 K.

1927The same ruling was also.made in the McWilliams case supra, and in the cases of Erwin v. Commonwealth, 96 Ky. 422 ; Commonwealth v. Heath, 99 Ky. 182 ; and Riggs v. Commonwealth, 17 K.

1922The facts of no two cases are precisely alike, but those found in the case of Anderson v. Commonwealth, 144 Ky. 215 , are so analogous to those contained in this record that we are convinced that the principles announced in that opinion 'apply here mid furnish a complete answer to the criticism now under consideration.' But it is insisted that although there was no conspiracy charge in the indictment yet it was the duty of the court to give an instruction on conspiracy to commit the robbery and that the killing of the decedent was necessary in order to carry it out, or to prevent discovery or

1916Co. v. Goode, 153 Ky., 247 ), the opinion expressed the conclusion that as the pleadings then appeared the first trial of the case was properly had under the State law, but that as there was such proof on the trial of contributory negligence on the part of the plaintiff as precluded a recovery under the State law, the trial court should have given a peremptory instruction directing a verdict for the defendant, hence the judgment in favor of the former was reversed because of the failure of the court to give such instruction.

1916This court had under consideration a similar question in the case of Jones v. Commonwealth, 154 Ky. 752 .

1915Koberson, in Section 32, Vol. 1, uses- the following language: “Voluntary drunkenness, or the temporary insanity occasioned by the act of the defendant in getting drunk, constitutes no justification or excuse for the commission of crime, hut in a case where the intent or purpose of the party is a necessary element to constitute the offense, such as robbery, larceny, perjury, burglary, or assault with intent to rob, the accused may show that he was too drunk to have any intent at the time he committed the act.” This doctrine was approved by this court in the case of Williams v. Com., 113 Ky., 6

1914Milton v. Hunter, 13 Bush, 163 ; Frye v. Jones, 96 Ky., 149 ; Lischy v. Schrader, 104 Ky., 657 ; Wood’s Exr. v. Devers, 14 Ky. L.

1914“Involuntary manslaughter is the killing of another in the doing of an unlawful act without intent to kill, whether the act was directed against the person killed or against another person or thing.” Lewis v. Com., 140 Ky., 652 .