Saylor v. Commonwealth

Opinion of the Court by

Judge Settle

Reversing.

The appellant, Denny Saylor, was indicted in the Magoffin Circuit Court for killing Mack Bailey. The indictment contained two counts, the first charging him with wilful murder and the second charging him with conspiring with one Bud Collins to kill Bailey. He was tried at the May term, 1913, but the jury then disagreed and did not return a verdict. The Commonwealth, complaining of the refusal of the lower court to give an instruction on that trial upon the law of voluntary manslaughter, prosecuted an appeal from the ruling in question to obtain…