Smith v. Commonwealth

SIMS, Judge.

The 2-ton,coal truck of defendant, Bart Smith, collided with a pickup truck owned and driven by Henry Wells. Mrs. Wells was riding with her husband and she was instantly killed in the collision. Smith was convicted of voluntary manslaughter and sentenced to five years in the penitentiary. On this appeal he seeks a reversal of the judgment because he contends the court erred in: 1. Overruling his demurrer to the indictment; 2. overruling his objection to certain testimony of the Commonwealth; 3. overruling his motion for continuance; 4. going in the jury room and “talking to the…