Biggs v. Commonwealth

Opinion of the Couet bt

Judge Cabkoll

Reversing-.

This is a second appeal of this ease. The opinion on the former appeal may be found in 159 Ky., 836, and, as the facts are fully stated in that opinion and the evidence on the trial from which this appeal is prosecuted is the same as the evidénce on the trial from which the first appeal was prosecuted, it is not necessary to encumber this opinion with a re-statement of the facts.

Several errors are relied on for reversal, but the only substantial one is found in instruction number two. In that instruction, which advised the jury of their right to…