omission instruction in Kentucky

16 Kentucky opinions name it 3 courts 1906–2021 1 in the last five years

The cases below were cited by Kentucky courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (5)

Case	Followed	Cited
Mullins v. Commonwealthgreen ky · 2011 · cited in 3 Kentucky opinions naming this issue, 2016–2016 2 sentences 2016Appellee failed to object to the trial court's omission of the exemption theory, but she did not affirmatively urge or encourage the omission of the instruction as was the case in Mullins v. Commonwealth, 350 S.W.3d 434, 439 (Ky. 2011). 2016Appellee failed to object to the trial court's omission of the exemption theory, but she did not affirmatively urge or encourage the omission of the instruction as was the case in Mullins v. Commonwealth, 350 S.W.3d 434, 439 (Ky. 2011).	3	3
Brown v. Sammonsgreen ky · 1988 · cited in 2 Kentucky opinions naming this issue, 2012–2021 2 sentences 2021To conclude otherwise would be to ignore the presumption that legislative amendments have purpose, namely to effect a change in the law, Brown v. Sammons, 743 S.W.2d 23, 24 (Ky. 1988); and the more specific presumption that the omission of a clause means the “omitted clause should no longer be the law.” Inland Steel Co. v. Hall, 245 S.W.2d 437, 438 (Ky. 1952). 2012To think otherwise flies in the face of the presumption that legislative amendments have purpose, namely to effect a change in the law, Brown v. Sammons, 743 S.W.2d 23, 24 (Ky.1988); and the more specific presumption that the omission of a clause means the “omitted clause should no longer be the law.” Inland Steel Co., 245 S.W.2d at 438 .	2	2
Inland Steel Co. v. Hallgreen kyctapp · 1952 · cited in 2 Kentucky opinions naming this issue, 2012–2021 2 sentences 2021To conclude otherwise would be to ignore the presumption that legislative amendments have purpose, namely to effect a change in the law, Brown v. Sammons, 743 S.W.2d 23, 24 (Ky. 1988); and the more specific presumption that the omission of a clause means the “omitted clause should no longer be the law.” Inland Steel Co. v. Hall, 245 S.W.2d 437, 438 (Ky. 1952). 2012To think otherwise flies in the face of the presumption that legislative amendments have purpose, namely to effect a change in the law, Brown v. Sammons, 743 S.W.2d 23, 24 (Ky.1988); and the more specific presumption that the omission of a clause means the “omitted clause should no longer be the law.” Inland Steel Co., 245 S.W.2d at 438 .	1	2
Breeden v. Commonwealthgreen kyctapp · 1912 · cited in 2 Kentucky opinions naming this issue, 1925–1934 2 sentences 1934Prewitt v. Commonwealth, 248 Ky. 845 , 60 S. W. (2d) 122 ; Hatfield v. Commonwealth, 230 Ky. 630 , 20 S. W. (2d) 461 ; Hayes v. Commonwealth, 210 Ky. 449 , 276 S. W. 160 ; Breeden v. Commonwealth, 151 Ky. 217 , 151 S. W. 407 . 1934Prewitt v. Commonwealth, 248 Ky. 845 , 60 S. W. (2d) 122 ; Hatfield v. Commonwealth, 230 Ky. 630 , 20 S. W. (2d) 461 ; Hayes v. Commonwealth, 210 Ky. 449 , 276 S. W. 160 ; Breeden v. Commonwealth, 151 Ky. 217 , 151 S. W. 407 .	1	2
Reed v. Hostetlergreen kyctapphigh · 1952 · cited in 1 Kentucky opinions naming this issue, 1973–1973 1 sentence 1973See Reed v. Hostetler, Ky., 245 S.W.2d 953, 957 (1952), in which the omission of such an instruction was held reversible error.	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Kentucky. Read the followed side critically anyway.

Also cited on this issue (15)

Case	Cited	Years
Thacker v. Commonwealth green kyctapp · 1957 1 sentence 1959In Thacker v. Commonwealth, Ky., 306 S.W.2d 292 , the omission of an instruction on recklessly shooting was jus-tified where the defendant intentionally shot into a passing automobile occupied by a deputy sheriff.	1	1959–1959
Rogers v. Abbott neutral kyctapp · 1951 1 sentence 1957It would only have enabled the jury to have found the defendant more negligent. * * * The omission of the instruction was therefore a harmless error.” Our attention is called to the later case of Rogers v. Abbott, Ky., 240 S.W.2d 840 , wherein we held “reversible error” had been committed in a similar situation.	1	1957–1957
Christian v. Commonwealth neutral kyctapp · 1951 2 sentences 1953Christian v. Commonwealth, 314 Ky. 365 , 235 S.W.2d 774 . 1953Christian v. Commonwealth, 314 Ky. 365 , 235 S.W.2d 774 .	1	1953–1953
Lieberman v. McLaughlin green kyctapphigh · 1930 2 sentences 1952Lieberman v. McLaughlin, 233 Ky. 763 , 26 S.W.2d 753 ; Knecht v. Buckshorn, 233 Ky. 329 , 25 S.W.2d 727 . 1952Lieberman v. McLaughlin, 233 Ky. 763 , 26 S.W.2d 753 ; Knecht v. Buckshorn, 233 Ky. 329 , 25 S.W.2d 727 .	1	1952–1952
Knecht v. Buckshorn green kyctapphigh · 1930 2 sentences 1952Lieberman v. McLaughlin, 233 Ky. 763 , 26 S.W.2d 753 ; Knecht v. Buckshorn, 233 Ky. 329 , 25 S.W.2d 727 . 1952Lieberman v. McLaughlin, 233 Ky. 763 , 26 S.W.2d 753 ; Knecht v. Buckshorn, 233 Ky. 329 , 25 S.W.2d 727 .	1	1952–1952
Young v. Commonwealth neutral kyctapp · 1876 2 sentences 1941(Young v. Commonwealth [ 12 Bush 243 ], 75 Ky. 243 ; Connor v. Commonwealth, 118 Ky. 497 , 81 S. W. 259 ; Cole v. Commonwealth, 260 Ky. 554 , 86 S. W. (2d) 305 ) If the instructions as a whole present the law of the offense charged, they are sufficient and it does not follow that because one instruction is erroneous the accused was prejudiced. 1941(Young v. Commonwealth [ 12 Bush 243 ], 75 Ky. 243 ; Connor v. Commonwealth, 118 Ky. 497 , 81 S. W. 259 ; Cole v. Commonwealth, 260 Ky. 554 , 86 S. W. (2d) 305 ) If the instructions as a whole present the law of the offense charged, they are sufficient and it does not follow that because one instruction is erroneous the accused was prejudiced.	1	1941–1941
Sanders v. Commonwealth neutral kyctapphigh · 1936 2 sentences 1941The case is like Sanders v. Commonwealth, 265 Ky. 671 , 97 S. W. (2d) 584 , in which the Commonwealth claimed the defendant had struck the deceased with metal knucks, causing him to fall and strike the back of his head and suffer a fatal wound, and the defendant claimed to have struck the man only with his bare fist. 1941The case is like Sanders v. Commonwealth, 265 Ky. 671 , 97 S. W. (2d) 584 , in which the Commonwealth claimed the defendant had struck the deceased with metal knucks, causing him to fall and strike the back of his head and suffer a fatal wound, and the defendant claimed to have struck the man only with his bare fist.	1	1941–1941
Cole v. Commonwealth neutral kyctapphigh · 1935 2 sentences 1941(Young v. Commonwealth [ 12 Bush 243 ], 75 Ky. 243 ; Connor v. Commonwealth, 118 Ky. 497 , 81 S. W. 259 ; Cole v. Commonwealth, 260 Ky. 554 , 86 S. W. (2d) 305 ) If the instructions as a whole present the law of the offense charged, they are sufficient and it does not follow that because one instruction is erroneous the accused was prejudiced. 1941(Young v. Commonwealth [ 12 Bush 243 ], 75 Ky. 243 ; Connor v. Commonwealth, 118 Ky. 497 , 81 S. W. 259 ; Cole v. Commonwealth, 260 Ky. 554 , 86 S. W. (2d) 305 ) If the instructions as a whole present the law of the offense charged, they are sufficient and it does not follow that because one instruction is erroneous the accused was prejudiced.	1	1941–1941
Connor v. Commonwealth neutral kyctapp · 1904 2 sentences 1941(Young v. Commonwealth [ 12 Bush 243 ], 75 Ky. 243 ; Connor v. Commonwealth, 118 Ky. 497 , 81 S. W. 259 ; Cole v. Commonwealth, 260 Ky. 554 , 86 S. W. (2d) 305 ) If the instructions as a whole present the law of the offense charged, they are sufficient and it does not follow that because one instruction is erroneous the accused was prejudiced. 1941(Young v. Commonwealth [ 12 Bush 243 ], 75 Ky. 243 ; Connor v. Commonwealth, 118 Ky. 497 , 81 S. W. 259 ; Cole v. Commonwealth, 260 Ky. 554 , 86 S. W. (2d) 305 ) If the instructions as a whole present the law of the offense charged, they are sufficient and it does not follow that because one instruction is erroneous the accused was prejudiced.	1	1941–1941
Prewitt v. Commonwealth green kyctapphigh · 1933 2 sentences 1934Prewitt v. Commonwealth, 248 Ky. 845 , 60 S. W. (2d) 122 ; Hatfield v. Commonwealth, 230 Ky. 630 , 20 S. W. (2d) 461 ; Hayes v. Commonwealth, 210 Ky. 449 , 276 S. W. 160 ; Breeden v. Commonwealth, 151 Ky. 217 , 151 S. W. 407 . 1934Prewitt v. Commonwealth, 248 Ky. 845 , 60 S. W. (2d) 122 ; Hatfield v. Commonwealth, 230 Ky. 630 , 20 S. W. (2d) 461 ; Hayes v. Commonwealth, 210 Ky. 449 , 276 S. W. 160 ; Breeden v. Commonwealth, 151 Ky. 217 , 151 S. W. 407 .	1	1934–1934
Hatfield v. Commonwealth neutral kyctapphigh · 1929 2 sentences 1934Prewitt v. Commonwealth, 248 Ky. 845 , 60 S. W. (2d) 122 ; Hatfield v. Commonwealth, 230 Ky. 630 , 20 S. W. (2d) 461 ; Hayes v. Commonwealth, 210 Ky. 449 , 276 S. W. 160 ; Breeden v. Commonwealth, 151 Ky. 217 , 151 S. W. 407 . 1934Prewitt v. Commonwealth, 248 Ky. 845 , 60 S. W. (2d) 122 ; Hatfield v. Commonwealth, 230 Ky. 630 , 20 S. W. (2d) 461 ; Hayes v. Commonwealth, 210 Ky. 449 , 276 S. W. 160 ; Breeden v. Commonwealth, 151 Ky. 217 , 151 S. W. 407 .	1	1934–1934
Hayes v. Commonwealth green kyctapphigh · 1925 2 sentences 1934Prewitt v. Commonwealth, 248 Ky. 845 , 60 S. W. (2d) 122 ; Hatfield v. Commonwealth, 230 Ky. 630 , 20 S. W. (2d) 461 ; Hayes v. Commonwealth, 210 Ky. 449 , 276 S. W. 160 ; Breeden v. Commonwealth, 151 Ky. 217 , 151 S. W. 407 . 1934Prewitt v. Commonwealth, 248 Ky. 845 , 60 S. W. (2d) 122 ; Hatfield v. Commonwealth, 230 Ky. 630 , 20 S. W. (2d) 461 ; Hayes v. Commonwealth, 210 Ky. 449 , 276 S. W. 160 ; Breeden v. Commonwealth, 151 Ky. 217 , 151 S. W. 407 .	1	1934–1934
Commonwealth v. Stites neutral kyctapp · 1921 1 sentence 1928Coming now to the fourth instruction, he contends that the omission from this instruction of the words “from the evidence” renders this instruction erroneous, and he relies on the case of Commonwealth v. Stites, 190 Ky. 407 , 227 S. W. 574 .	1	1928–1928
Ragsdale v. Commonwealth green kyctapp · 1922 2 sentences 1928A similar contention was before this court in the case of Ragsdale v. Commonwealth, 195 Ky. 750 , 243 S. W. 1056 , and we refused to reverse the judgment. 1928A similar contention was before this court in the case of Ragsdale v. Commonwealth, 195 Ky. 750 , 243 S. W. 1056 , and we refused to reverse the judgment.	1	1928–1928
Spriggs v. Commonwealth green kyctapp · 1902 2 sentences 1906So, if, as the jury were told in instruction No. 2, appellant “intentionally, or in a wanton and reckless manner,” discharged his pistol, and thereby killed Harlan, or if, as stated in' instruction 3a, the latter’s death, though accidental, “resulted alone from appellant’s recklessly careless Rise of a deadly loaded pistol, in either even he was guilty of voluntary manslaughter, and the omission from instruction 3a of the Word “voluntary” could not have misled or confused the jury, as the "fact that instruction 3a referred the jury to' instruction 2 for the punishment to be inflicted upon appe 1906So, if, as the jury were told in instruction No. 2, appellant “intentionally, or in a wanton and reckless manner,” discharged his pistol, and thereby killed Harlan, or if, as stated in' instruction 3a, the latter’s death, though accidental, “resulted alone from appellant’s recklessly careless Rise of a deadly loaded pistol, in either even he was guilty of voluntary manslaughter, and the omission from instruction 3a of the Word “voluntary” could not have misled or confused the jury, as the "fact that instruction 3a referred the jury to' instruction 2 for the punishment to be inflicted upon appe	1	1906–1906

Statutes the citing opinions construe

KY § Ky. Rev. Stat. § 502.020 (3) KY § Ky. Rev. Stat. § 502.040 (3) KY § Ky. Rev. Stat. § 506.040 (3) KY § Ky. Rev. Stat. § 506.050 (3) KY § Ky. Rev. Stat. § 506.080 (3) KY § Ky. Rev. Stat. § 506.100 (3) KY § Ky. Rev. Stat. § 506.110 (3) KY § Ky. Rev. Stat. § 508.010 (3) KY § Ky. Rev. Stat. § 509.050 (3) KY § Ky. Rev. Stat. § 518.040 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

TX 294 (1896–2026) CA 136 (1888–2026) IL 54 (1885–2026) MI 53 (1886–2023) PA 44 (1871–2025) FL 44 (1892–2025) GA 43 (1895–2026) MA 41 (1825–2026) NY 38 (1887–2024) WA 32 (1927–2025) MO 30 (1888–2017) NC 27 (1888–2024) LA 26 (1927–2026) TN 26 (1917–2018) CT 25 (1927–2026) IN 21 (1892–2019) OH 20 (1886–2025) KS 20 (1884–2024) NJ 19 (1990–2024) OK 17 (1909–2018) KY 16 (1906–2021) AL 15 (1905–2023) DC 13 (1885–2026) AZ 12 (1989–2024) MS 10 (1979–2025) MN 10 (1932–2016) OR 9 (1915–2022) ID 9 (1977–2024) ND 8 (1957–2025) MT 8 (1906–2005) MD 7 (1910–2020) NM 7 (1972–2020) VT 6 (1929–2025) WI 5 (1979–2017) NV 5 (1950–2021) ME 5 (1975–2014) HI 5 (2002–2020) IA 5 (1899–2015) AK 4 (1974–2012) UT 4 (1983–2021) SD 4 (1894–1947) SC 3 (1964–2016) PR 3 (1933–1967) DE 2 (1971–2023) CO 2 (1933–1989) WY 2 (1988–2018) NH 2 (1986–2018) WV 2 (1917–2001) AR 2 (1914–2016)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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