Hubbard v. Commonwealth

202 S.W.2d 634 (1947)

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Nature of the Case

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Facts

Hubbard (D) was arrested for being drunk in public. He was taken before a judge but was too drunk to be tried, so he was ordered into jail. D refused to go peaceably. Dyche, a jailer, and Newman, a deputy, took hold of D. The party started to fight and scuffle. The judge eventually joined the fray and got D off of Dyche. Dyche then followed the parties out of the courthouse and Dyche had a heart attack and died. D never stuck Dyche and Dyche received no physical injury in the fight. Dyche had been known to be suffering from a serious heart condition. Dyche had even told a friend he was feeling badly just before the fight. Three doctors stated the cause of death was from acute dilation, but that physical exercise and excitement accelerated Dyche’s death. D was found guilty of voluntary manslaughter and sentenced to two years in jail.