Clem v. Commonwealth

Opinion of the Court by

Drury, Commissioner

Reversing.

The defendant, charged with murder, was convicted of manslaughter, and his punishment fixed at confinement in the penitentiary for 21 years. The circumstances under which this homicide was committed are fully set out in an opinion delivered upon a former appeal. See 198 Ky. 486, 248 S. W. 1036. In reversing the former judgment, this court directed that upon the second trial, certain instructions be given. Through some misunderstanding, the trial court this time gave practically the same instructions that were given on the first trial, and…