Swanger v. Commonwealth

WADDILL, Commissioner.

During the afternoon of October >5, 1951, Carl Swanger shot and killed Harold' Dykes. He was indicted on the charge of murder and was convicted of voluntary manslaughter and sentenced to 21 years ⅛ the penitentiary.

On appeal he urges three grounds for reversal of the judgment: (1) separation of the jury in contravention of Section 244 of the Criminal Code of Practice; (2) failure of the court to instruct the jury upon the whole law of the case; and (3) the admission of incompetent and prejudicial evidence.

The affidavits filed in support of appellant’s first contention…