Harris v. Commonwealth

CULLEN, Commissioner.

Eugene Harris appeals from a judgment sentencing him to a term of 18 years in the penitentiary pursuant to a verdict finding him guilty of voluntary manslaughter. Upon a former trial he had been convicted of murder and given a life sentence, but that conviction was reversed by this Court in Harris v. Commonwealth, Ky., 389 S.W. 2d 907, for failure to give a voluntary manslaughter instruction.

The Commonwealth’s case rested on the testimony of one John Embry that he came out of a restaurant in Lexington and saw Harris and another man (the victim, Frank Johnson) standing at…