Mays v. Commonwealth

Opinion op the Court by

Stanley, Commissioner

Reversing.

Upon his first trial, the appellant, John H. Mays, was given a sentence, of sixteen years upon a conviction of manslaughter. The judgment was reversed because of error in the instructions. Mays v. Commonwealth, 260 Ky. 235, 84 S. W. (2d) 20. Upon a second trial, he was again convicted and his punishment was fixed at five years’ imprisonment. The only ground upon which a reversal of the judgment is sought is that the verdict is flagrantly against the evidence.

The decedent, Kelton Ashcraft, came into Beattyville with his wife and twelve year…