Bailey v. Commonwealth

Opinion op the Court by

Judge Cammack

Reversing.

Wallis Bailey and his son, Ova, were found guilty of manslaughter on the charge of killing Prater Trusty and each sentenced to five years in prison. Trusty was a brother-in-law of Ova Bailey. Both of the Baileys were deputy sheriffs of Magoffin County at the time of the killing and both had served for several years as peace officers.

On this appeal it is contended that (1) the verdict is flagrantly against the evidence; (2) the jury was erroneously instructed; and (3) a motion to set aside the indictment should have been sustained. Since we have…