Smith v. Commonwealth

Opinion op the Court .by

Judge Clay

Affirming.

This is an appeal from a judgment, convicting appellant of manslaughter and fixing his punishment at fifteen years’ imprisonment.

The only error relied on was the giving of the following instruction:

“Although you may believe from the evidence, beyond á reasonable doubt, that in Harlan county, and before the finding of the indictment herein, the defendant shot with a' pistol and hilled Ransom Turner, and you' further believe from the evidence, that when he did he believed, and had reasonable grounds to believe that he was then in réal or apparent •…