Gross v. Commonwealth

Opinion op the Court by

Morris, Commissioner—

Reversing.

On the night of October 30, 1943 (Hallowe’en night), appellant shot and killed Paul Hellard. The homicide occurred on the south side of Broadway in Frankfort. Upon an indictment charging murder he was tried in January, 1944, the jury being unable to reach a verdict. On a second trial the jury found him guilty of voluntary manslaughter, fixing his punishment at confinement for a period of ten years. On appeal from ,a judgment in conformity with the verdict, it is contended that the trial court erred to the prejudice of appellant (1) in…