White v. Commonwealth

Judge Knight

Affirming.

Appellant was indicted.for the willful murder of *481Charles Davis. On the trial, the jury convicted him of voluntary manslaughter and fixed his punishment at 10 years in the penitentiary. He appeals from the judgment based upon that verdict and urges reversal on two grounds: (1) the verdict was against the law and evidence in the case and was a verdict based upon passion and prejudice; (2) the court erred in not peremptorily instructing the jury to find appellant not guilty.

On the day of the killing, July 30, 1949, about 5:30 p. m., deceased, Charles Davis, and his…