Sizemore v. Commonwealth

Opinion of the Court by

Chief Justice Ratliff—

Reversing.

Appellant was indicted by the grand jury of Green-up County, Kentucky, for the wilful murder of William Baker. He was tried at the September 1938 term of the Greenup Circuit Court, found guilty of voluntary manslaughter and his punishment fixed at confinement in the penitentiary for two years. He has appealed.

In brief of appellant the grounds urged for reversal of the judgment are, that the verdict is not supported by the evidence and was the result of passion and prejudice on the part of the jury; and that the instructions given to the…