Luck v. State

The appellant and one John Roarke were charged in the indictment with murder in the first degree for killing Philip Oberhouser, ’ on July 14th, 1883, in Floyd county. The appellant’s separate trial terminated in his conviction for voluntary manslaughter, and his sentence to the State prison for fifteen years. His motion for a new trial was made at the proper time, and the overruling of that motion is assigned for error. The causes set out in the motion for *17a new trial were certain alleged misconduct of the jurors, and the insufficiency of evidence to sustain the verdict.

Affidavits, filed in…