Ball v. Commonwealth

Opinion op the 'Court by

Judge Dietzman

Affirming.

Appellant was convicted of the offense of voluntary manslaughter, and sentenced to serve 12 years in the penitentiary. As grounds for reversal of that judgment, he. claims error in the summoning of the jury; error in refusing a continuance; error in the instructions given;; and error in the admission and rejection of testimony, coupled with claimed prejudicial remarks on the part of the court at the time.

In April, 1927, the appellant, Lee Ball, was working for the Louisville & Nashville Bailroad on one of its sections near Rhea, Ky. His foreman…