Sizemore v. Commonwealth

STEWART, Chief Justice.

Appellant, Alonzo Sizemore, was convicted of voluntary manslaughter and sentenced to prison for 21 years. KRS 435.020. This was the second trial of the offense, and the appeal from the first conviction is reported in 347 S.W.2d 77 under the same style as the instant case.

The shooting occurred at the American Legion Club in Letcher County. Appellant, a deputy sheriff, owned the building and lived in an apartment upstairs. On March 4, 1960, Manuel Bentley, who was slain, and his brother, Roy Bentley, both of whom had been drinking, started a fight in the club. Appellant…