Bentley v. Commonwealth

Opinion of the Court by

Judge Clay

Reversing.

Milbnrn Bentley prosecutes this appeal from a judgment convicting him of voluntary manslaughter and fixing his punishment at two years’ imprisonment.

Bentley was the town marshall of Neon, and the homicide occurred in that town in a restaurant conducted by Charlie Strickland, on Sunday evening, December 16, 1928. Bill Sexton, a witness for the commonwealth, who had theretofore been convicted of robbery, testified as follows: Charlie Gibson, the deceased, was in the restaurant when he arrived and there were several persons present. Just prior to the…