Smith v. Commonwealth

Opinion of the Court by

William: Rogers Clay, Commissioner

Reversing'.

Lee Smith was convicted of 'manslaughter and given an indeterminate sentence of from twenty years to twenty years and eleven months in the state reformatory. ILe appeals.

Briefly stated, the facts are as follows: On May 3, 1916, Sun Brothers exhibited their circus in the town of Prestonburg. On the day before, the council of Prestonburg met and appointed Lee Smith a deputy marshal to assist in preserving order on the day of the circus. Among those who attended the circus were Dave McGuire, Joe Add Turner and Paul Wallen, all…