Higginbotham v. Commonwealth

Opinion op the Court by

Judge Ratlipp

— Affirming.

The appellant has appealed from a judgment of the Russell Circuit Court sentencing him to ten years in the penitentiary upon a jury verdict finding him guilty of the crime of manslaughter under an indictment charging him with the murder of Elzie York, whom he, appellant, shot and killed near the voting place on the day of the primary election in August, 1941. A reversal of the judgment is asked upon various grounds, namely, that the verdict is flagrantly against the evidence and against the law of self-defense; that appellant was prejudiced by…