Neeley v. Commonwealth

Opinion op ti-ie Court by

Judge Grigsby

Affirming.

The appellant Earnie Neeley and Frank .Johnson were jointly indicted by the grand jury of Magoffin county for the crime of murder. Upon the trial of appellant, Earnie Neeley, he alone being on trial before a jury in the circuit court of Magoffin county, was found guilty of manslaughter and his punishment fixed at ten years in the penitentiary. From this judgment .this appeal is prosecuted. It is contended: (1) That the trial court should have instructed the jury to find the defendant not guilty. (2) because the verdict of the jury is flagrantly…