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[July 14, 1882] -
Harrison Matthews died at Livingston Tuesday night, it is said, from the effects of a wound in the head, inflicted by a rock in the hands of Dan Quinn with whom he had a difficulty some weeks ago. The matter will be investigated by the authorities. [1]
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[August 18, 1882] -
Dan Quinn, who is charged with killing a man named Matthews at Livingston some weeks ago, was brought here Wednesday by the shiriff of Laurel county and lodged in jail. The grand jury, now in session, will investigate the killing. [2]---
[August 17, 1883] -
Quinn, for the killing of Matthews nearly two years ago was given two years in the penitentiary. He struck his victim in the head with a rock from the effects of which he died sometime afterwards. The prisoner's youth and the peculiar circumstances surrounding the case, made the sentence much lighter than it would otherwise have been. [3]---
[November 8, 1883] -
Dan Quinn v. Commonwealth.
COURT OF APPEALS OF KENTUCKY
12 Ky. Op. 343; 1883 Ky. LEXIS 284; 5 Ky. L. Rptr. 420
November 8, 1883, Decided
PRIOR HISTORY: [**1] APPEAL FROM ROCKCASTLE CIRCUIT COURT.
DISPOSITION: Judgment affirmed.
COUNSEL: F. H. Reppert, Geo. W. McClure, John W. Brown, Sam M. Burdett, for appellant.
P. W. Hardin, for appellee.
JUDGES: Judge Pryor.
OPINION BY: Pryor
OPINION
[*343] Opinion by Judge Pryor:
Involuntary manslaughter is the killing of another in doing some unlawful act, but without an intention to kill, and this may be either when the act is directed against the person killed, or when it is directed against another person or thing and kills one not intended to be hurt. 4 Black. Comm. (Chase's ed.) 940; Conner v. Commonwealth, 76 Ky. 714, 13 Bush 714.
In this case the parties mutually agreed to leave the store and fight in the public road. Appellant first left the store room and took his position in the highway, and as the deceased approached he threw a stone at him, but failed to strike him; and the deceased continuing to approach, the appellant picked up a stone, weighing about two pounds, and when deceased was near enough threw it so as to strike him upon the head, and this blow the jury has found caused his death.
The evidence is conclusive, from the use of the stone, its size, and the proximity of the deceased [**2] to appellant, that the latter threw the [*344] stone with the view of taking his life, or that he was entirely reckless as to the consequences resulting from his act. He must be presumed to have known that a blow from a stone weighing two pounds, thrown with violence, by one of his age and strength, would cause the death of his adversary; and in such a state of case no instruction on the subject of involuntary manslaughter should have been given. Although accused has been found guilty of voluntary manslaughter, there is scarcely any proof that it was done in sudden heat and passion.
After his agreement to fight he deliberately goes to the place designated, and when his adversary approaches begins to use deadly missiles, and in their use killed the deceased.
The judgment is affirmed. [4]
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[November 20, 1883] -
James I. White, deputy sheriff, took Dan Quinn to Frankfort Frid[a]y night. He goes [t]o serve two years for manslaughter. [5]
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[2] Excerpt from "Mt. Vernon Department." Semi-Weekly Interior Journal, Stanford, KY. August 18, 1882. Page 2. LOC. http://chroniclingamerica.loc.gov/lccn/sn85052020/1882-08-18/ed-1/seq-2/
[3] Excerpt from "Mt. Vernon Department." Semi-Weekly Interior Journal, Stanford, KY. August 17, 1883. Page 3. LOC. http://chroniclingamerica.loc.gov/lccn/sn85052020/1883-08-17/ed-1/seq-3/
[4] Quinn v. Commonwealth, 12 Ky. Op. 343, 5 Ky. L. Rptr. 420 (1883).
[5] Excerpt from "Mt. Vernon Department." Semi-Weekly Interior Journal, Stanford, KY. November 20, 1883. Page 2. LOC. http://chroniclingamerica.loc.gov/lccn/sn85052020/1883-11-20/ed-1/seq-2/
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