Bowling v. Commonwealth

Opinion of the Court by

Judge Settle

— Affirming.

*60Appellant, under an indictment for murder, which, charged that he and one John Gibbs, did wilfully, maliciously, feloniously and with malice aforethought, shoot and kill Philip McCarley, was twice tried and convicted of the crime of voluntary manslaughter; his punishment on the first trial having been fixed by verdict of the jury at confinement in the penitentiary nine years, and on the second and last trial at confinement in the penitentiary twenty years. Gibbs was acquitted on the first trial.

Appellant’s second trial occurred after the reversal…