Hensley v. Commonwealth

Opinion op the Court by

Hobson, Commissioner

Reversing.

Enos Hensley and¡ James Hensley were indicted in tbe Harlan circuit court, charged with the murder of' Oscar Smith. On the trial of the case they were found ■guilty of manslaughter. Enos Hensley’s punishment was fixed at ten years in the penitentiary and the punishment of James Hensley at fifteen years. They ■appeal.

Oscar Smith was a first cousin of James and Enos Hensley, and they all lived hot far apart in Harlan county. They were all three about 25 years of age. .So was Alfred Long, who had married a sister of Oscar Smith and was…