Johnson v. Commonwealth

DUNCAN, Justice.

Under an indictment charging voluntary manslaughter by the wanton and reckless operation of an automobile, the appellant was convicted and sentenced to eight years in the State reformatory. Upon his appeal, he insists that the judgment should be reversed because the evidence was not sufficient to support a voluntary manslaughter instruction and an instruction on sudden emergency should have been given.

On the afternoon of June 22, 1952, the appellant was proceeding alone in his 1941 Buick automobile in an easterly direction on Greenup Avenue in the city of Ash-land. At or near…