Citation Numbers: 134 S.W.2d 994, 281 Ky. 56
Judges: OPINION OF THE COURT BY CREAL, COMMISSIONER
Filed Date: 12/15/1939
Status: Precedential
Modified Date: 1/12/2023
Affirming.
Appellants have been convicted of murder and sentenced *Page 57 to imprisonment for life. By this appeal they are seeking reversal of the judgment on the grounds (1) that the court erred in overruling their motion for change of venue and (2) that the court erred in not instructing on the whole law of the case.
Appellants were indicted with Herald Johnson, Jarvey McCoy and D.K. Newsome for the murder of Ishmael Hopkins. Herald Johnson on separate trial had previously been convicted of the charge in the indictment and sentenced to life imprisonment. On appeal the judgment against him was affirmed by an opinion reported in Johnson v. Com.,
It was also argued in the Johnson case as it is here that the instructions should have embraced the right of appellants to protect their home and premises but on the same proof it was held that no such instruction was authorized. Reference is made to the opinion in the Johnson case for a full statement of the facts and circumstances and on the authority of that case the judgment must be and is affirmed.