Bush v. Commonwealth

78 Ky. 268 (1880)

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Nature of the Case

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Facts

Bush (D) shot a girl, but the wound was not mortal. The girl subsequently died of scarlet fever contracted from the attending physician. The jury rejected theories that D was shooting in self-defense from the victim's father, or that his gun went off unintentionally. D was convicted of murder and sentenced to be hanged. D appealed; the intervening act of the physician precluded liability.