McCown v. Commonwealth

Opinion of the Court by

Morris, Commissioner—

Affirming.

Appellant was indicted by the Pike county grand, jury for the murder of Bernie Rowe, the homicide having been committed in the early part of April, 1936.. Upon a hearing of the case the jury returned a verdict of guilty, fixing the penalty at confinement in the penitentiary for five years, a period within the limitations, of the-prescribed penalty for manslaughter. Judgment, was entered, motion for a new trial overruled, and appeal prosecuted.

In the first ground here presented it is urged that the court erroneously overruled motion for a…