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Hubbard v. Commonwealth

Court of Appeals of Kentucky
202 S.W. 2d 634 (1947)


Hubbard (defendant) was arrested for public drunkenness and taken to the county courthouse. Because he was too intoxicated to stand trial, Hubbard was ordered to be jailed, but forcibly resisted efforts by the jailer, a deputy and a judge to incarcerate him. As Hubbard continued to resist, the deputy, Dyche, put his hand on his heart and sat down, after which he rolled around on the ground until he died shortly thereafter. Dyche had not been struck or injured by Hubbard, had a serious heart condition, and had stated that he was feeling badly several hours before the altercation. At Hubbard’s trial for voluntary manslaughter, doctors testified that Dyche died from a heart condition, but that his death was likely accelerated by the physical exertion and excitement of the struggle with Hubbard. Hubbard was convicted and appealed to the Court of Appeals of Kentucky.

Rule of Law


Holding and Reasoning (Stanley, J.)

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