Kirk v. Commonwealth

Opinion op the Cottbt by

Creal, Commissioner

Affirming.

Henry Kirk and Fred Pack who were jointly indicted with Herbert Pack for the murder of their uncle, Sam Endicott, were tried together and found guilty of voluntary manslaughter, and their punishment fixed at 15 years’ imprisonment each. They have appealed.

Grounds argued for reversal are: (1) That the verdict, of the jury is flagrantly and palpably against the weight. of the evidence; (2) that the court committed, prejudicial error in refusing to grant a new trial because of newly discovered evidence; (3) improper and prejudicial remarks…