Commonwealth v. Carnes

Opinion by

Fine, J.,

John D. Carnes avus convicted by a jury of involuntary manslaughter and the court beloAV dismissed his motion for a neAV trial. The defendant noAV contends that the court below erred (1) in admitting evidence that defendant had been drinking beer prior to the accident; (2) in its charge regarding such evidence, and (3) in refusing him further inquiry into the competency of William Thomas Greene, an eye-Avitness aged eight years.

On December 6, 1948, at about 4:00 p.m., deceased, Mrs. Mary McKibben, fifty-five years of age, Avas walking toward her home in an easterly…