Burke v. Commonwealth

SIMS, Justice.

Appellant, Robert Burke, was tried for the murder of George William Cromer. He was convicted of voluntary manslaughter and his punishment fixed at confinement in the penitentiary for 21 years. His motion for a new trial contains eight grounds, but only two are relied upon in his brief: 1. Incompetent evidence -was admitted over his objection; 2. an erroneous instruction was given.

Appellant and deceased were brothers-in-law, Burke having married a sister of Cromer. Burke was 35 years of age and with his wife and five children lived across the road from Cromer, who was a bachelor…