Wagers v. Commonwealth

DUN'CAN, Justice.

Appellant, Felix Wagers, is dissatisfied with a judgment of the Perry Circuit Court which sentences him to the penitentiary for a term of twenty-one years on a charge of voluntary manslaughter. On his appeal, he insists that the verdict is flagrantly against the weight of the evidence and that the trial court erred in giving an instruction on voluntary manslaughter.

James Turner, Jr., usually referred to as Junior Turner, died about 6:30 on the evening of Saturday, June 30, 1951, as a result of a bullet wound which had been inflicted on Friday night, June 29. Although living…