Bates v. Commonwealth

Opinion op the Court by

Chief Justice Sims

Affirming.

Appellant, Charles Bates, upon being tried for the wilful murder of Theodore Scott, was convicted of voluntary manslaughter and his punishment fixed at confinement in the penitentiary for 21 years. He seeks a reversal because the trial court erred in: 1. Participating in the examination of a witness for the Commonwealth. 2. Improperly admitting testimony as a dying declaration. 3. Not instructing on the whole law of the case. And 4. The verdict is against the weight of the evidence.

Bates lived at Wheelwright in Floyd County and on the night…