Johnson v. Commonwealth

Opinion op the Court by

Drury, Commissioner

Reversing.

Between 8:30 and 9 p. m. Monday, July 27, 1936, •Grus Johnson, a deputy constable, in the city of Martin, Floyd county, Ky., shot and killed Alton Patton, a young man, whom Johnson did not even know.

By indictment returned forty-two days later, Johnson was charged with willful murder -and when tried nineteen days aftei the return of the indictment, before a jury brought from Pike county, he was convicted of manslaughter and his punishment fixed -at confinement in the penitentiary for five years.

Change of Venue.

Defendant, after timely -notice,…