Vaughn v. Commonwealth

Opinion of the Court by

Morris, Commissioner—

Reversing.

Appellant, indicted on a charge of shooting and killing Bige Frost, in the early part of 1940, was convicted of voluntary manslaughter, the jury fixing the penalty at confinement for a period of five years. From a judgment in accord with the verdict Vaughn appeals, his counsel contending that the court committed errors during the trial which prejudiced his substantial rights in:

1. Overruling his motion for verdict of acquittal,, proposed at the close of commonwealth’s, and all' the testimony.

2. Refusing new trial, when it was apparent that…