Barton v. Commonwealth

Opinion op the Court by

Judge Willis

— Affirming.

Otha Barton and Oscar Yittitoe were jointly indicted for the murder of Cecil Woolen. Barton was tried separately, convicted of voluntary manslaughter, and sentenced to serve twenty-one years in the penitentiary. He prosecuted an appeal to this court, which resulted in a reversal of the judgment. Barton v. Commonwealth, 238 Ky. 356, 38 S. W. (2d) 218.

The reversal was rested upon a single error committed on the first trial by the admission of testimony to prove certain statements of the deceased, Cecil Woolen. It was held that the statements were…