Martin v. Commonwealth

Opinion op the Court by

Morris, Commissioner

Affirming.

On a former appeal from a judgment imposing imprisonment of appellant for eleven years, we reversed because the court had failed to include in the self-defense instruction the right of appellant to defend himself, not only from deceased hut those whom he claimed were acting in concert with him. Martin v. Commonwealth, 299 Ky. 1, 184 S. W. 2d 234. On this trial the court embodied srmh an instruction now criticized as to substance.

The instant trial was had before a jury from another county, which returned a verdict of guilty, imposing a…