Commonwealth v. Inman

Opinion op the Court by

Judge Rees

Certifying the law.

The appellee, Red Bill Inman, his son Shorty Inman, and Kaiser Cavins were jointly indicted in the Whitley circuit court for the murder of Andy Smith. The*appellee was tried separately, and the court refused to give any instruction on murder or voluntary manslaughter, but gave an instruction on assault and battery. The jury failed to reach a verdict, and the commonwealth, conceiving that it was entitled to an instruction on murder and manslaughter, prosecutes this appeal for the purpose of having the law certified.

Smith’s body was found near…