Dean v. Commonwealth

Opinion op the Court by

Judge Perry —

Affirming.

On June 30, 1934, the appellant, Albert Dean, shot and killed Lee Napier at Crummies Creek, Harlan county, Ky. He was -later indicted therefor, charged with the crime of willful murder, and upon trial was convicted of voluntary manslaughter and sentenced to twenty-one years’ imprisonment.

He has appealed, asking a new trial upon the ground that the verdict “is excessive and contrary to the law and evidence.”

The proof shows the following facts leading up to and surrounding this fatal shooting:

H. S. Fitzgerald, his wife and daughter, all were…