White v. Commonwealth

CULLEN, Commissioner.

Cord White, Jr., was convicted of voluntary manslaughter and given a 10-year sentence. On appeal to this Court the conviction was reversed because of errors in the *199instructions. White v. Commonwealth, Ky., 333 S.W.2d 521. Upon a second trial White was again convicted and a sentence of 21 years’ imprisonment was imposed. The present appeal is from the judgment on the second trial.

On the first appeal this Court held that the evidence was insufficient to warrant a finding of malice and therefore an instruction on murder was not authorized. However, with some misgivings, the…