Commonwealth v. Mullins

Opinion op the Court by

Judge Rees

Certifying the law.

At the trial of Arliss Mullins for voluntary manslaughter the jury failed to agree, and this appeal is prosecuted by the Commonwealth for a certification of the law. The Commonwealth insists that the court erred in instructing the jury.

• About 4 o ’clock in the afternoon of August 31, 1942, Clem Joseph, Jr., a boy seven years old, was hit by an automobile driven by appellee on state highway No. 15 in Breathitt county, and died two days later in a hospital in Hazard, Kentucky. The deceased had been to school at Lost Creek, about one mile from…