Childers v. Commonwealth

STANLEY, Commissioner.

The appellant, Homer Childers, has been convicted of voluntary manslaughter for the death of Mrs. Josephine Ratliff and sentenced to fifteen years imprisonment.

It early developed in the course of the trial that the defendant was under seventeen years of age and later specifically shown that he was sixteen when the tragedy occurred. Thus, the circuit court had no jurisdiction to try him in the absence of a showing that the jurisdiction of the county court, sitting as a juvenile court, had been waived. KRS 199.080. When it develops in the course of a trial that the…