Barnett v. Commonwealth

MONTGOMERY, Judge.

Earl Barnett was convicted of the offense of voluntary manslaughter in the homicide of Fallon McIntosh. He was sentenced to serve five years in the state penitentiary. On appeal, he urges that: (1) His plea of res judicata should have been sustained; (2) the court erred in failing to admonish the jury properly and to set aside the swearing of the jury because of inadmissible and prejudicial testimony; and (3) the evidence is insufficient to sustain the conviction.

Fallon McIntosh and Bert Fields were found slain in the Fields home. Pearlie Fields, Bert’s wife, was indicted…