Stephens v. Commonwealth

Opinion of the Court by

Judge Ratliff

Reversing.

On a Saturday night in July, 1942, Elmer Stephens, the appellant, shot and killed Sam Long at a roadhouse or club denominated the ‘ ‘ Club Alamo, ’ ’ operated by appellant about five miles from Jamestown, Kentucky. At the September term of the Russell circuit court the grand jury returned an indictment against appellant charging him with the willful murder of Long and upon a trial oí the case he was found guilty of manslaughter and sentenced to two years in the state reformatory. A reversal of the judgment is asked upon three grounds, namely, (1)…