Cawthorn v. Commonwealth

Opinion op the Court by

Judge Thomas

— Affirming.

In the late afternoon of August 1, 1944, at a mining camp in Harlan County the appellant, Tom Cawthorn,, shot and killed Dellie Clark. He was later indicted by the grand jury of that county in which he was accused of the crime of murder, and at his trial he was convicted of voluntary manslaughter with attached punishment, of confinement in the penitentiary for 21 years.

His motion for a new trial, which the court overruled, contained a number of grounds usually relied on in such cases among which were (1) .improper cross examination by prosecuting…