Johnson v. Commonwealth

CULLEN, Commissioner.

John Roy Johnson appeals from a judgment which sentenced him to a term of 21 years pursuant to a verdict convicting him of voluntary manslaughter in the death of one Lester Mullins. His primary contention is that the evidence was insufficient to warrant submission of the case to the jury. We agree.

Johnson and one Charles Houston were indicted jointly for the murder of Mullins. Johnson’s motion for a separate trial was sustained and he was tried separately. Houston did not testify at Johnson’s trial so the jury had only Johnson’s version of how Mullins’ death occurred,…