Carpenter v. Commonwealth

STEWART, Justice.

Herbert Carpenter was convicted in the Breathitt Circuit Court of the murder of Roscoe Linden and sentenced to life imprisonment. He has appealed from the judgment entered upon the verdict, urging three grounds for reversal: (a) The verdict is flagrantly against the evidence and is without sufficient evidence to support it; (b) incompetent and prejudicial testimony was admitted; and (c) the court erred in failing to give an instruction on defense of the home.

The alleged crime occurred on December 15, 1951, at Carpenter’s home on Frozen Creek in Breathitt County, a few miles…