Poyner v. Commonwealth

Opinion of the Court by

Judge Cammack

Affirming.

Byan Poyner, appellant, was indicted by the grand jury of Graves county in November, 1937, for the killing of Maurice Gorrell on Sunday night, October 17, 1937. Appellant’s first trial, which took place the latter part of November, 1937, resulted in a hung jury. Upon his second trial, which took place in March, 1938, he was found guilty of voluntary manslaughter and the jury fixed his punishment at confinement in the State penitentiary for 21 years. From the judgment on this verdict Poyner appeals.

Reversal is urged by appellant on the following…