Canterbury v. Commonwealth

Opinion of the Court by

Drury, Commissioner

Reversing.

Under a charge of murder, John Canterbury was convicted of manslaughter and his punishment fixed at 15 years in the penitentiary. This case has been here twice before. See Canterbury v. Com., 222 Ky. 510, 1 S. W. (2d) 976, and Id., 227 Ky. 696, 13 S. W. (2d) 1035. For a statement of the facts reference is made to the first opinion.

The regular judge had represented Canterbury in the examining trial, had before the judge’s election, and was hence disqualified. That fact being certified to this court, Hon. J. B. Adamson was duly designated and…