McDaniels v. Commonwealth

MOREMEN, Justice.

Appellant, McKinley McDaniels, was indicted for the murder of George Hammons. Upon trial he was found guilty of voluntary manslaughter and his punishment was fixed at IS years in the penitentiary.

Appellant urges as grounds for reversal: (a) that the jury should have been directed to return a verdict of not guilty; (b) that the instructions were erroneous; (c) that the argument of counsel for the Commonwealth was improper and prejudicial.

Appellant and deceased owned and lived on adjoining land. They had had a controversy over the dividing line between the properties. A paling…