Pelfry v. Commonwealth

Opinion op the Court by

Creal, Commissioner

Reversing.

Tbe grand jury of Breathitt county returned an indictment against Wiley Pelfry charging him with the murder of Dan Cundiff. Nb other person was named in the indictment as principal, aider, or abettor, or as in any way participating in the crime. Under this indictment he has been convicted of voluntary manslaughter and his punishment fixed at imprisonment for 21 years.

In seeking a reversal of the lower court’s judgment, it is urged: (1) that the court erred in instructing the jury; (2) that the court admitted incompetent and prejudicial…