Commonwealth v. Little

Opinion op the Court by

Judge Nunn.

Appellee was indicted by a grand jury in Breathitt county charged with the murder of Harlan McIntosh by shooting Mm with a pistol. After the Commonwealth introduced its testimony, the court, upon the motion of appellee, gave the jury a peremptory instruction in bis behalf, which was complied with by the jury, and the Commonwealth has appealed to have the law of the case certified.

The only question presented is whether or not the lower court erred in sustaining appellee’s motion for the peremptory instruction, and this depends upon the fact as to whether or…