Abner v. Commonwealth

Opinion op the Court by

Judge Rees

Affirming.

The appellant, Ned Abner, Jr., shot and killed his cousin, Dude Abner, a sixteen year old boy, on October 2, 1946. He was indicted for murder at the December, 1946, term of the Owsley Circuit Court, and at his trial on September 5, 1947, was convicted of voluntary manslaughter and his punishment fixed at confinement in the penitentiary for a term of two years. It is first argued that the Circuit Court erred in refusing to instruct the jury peremptorily to acquit the appellant. This is upon the theory that all the evidence shows the shooting was…