Brown v. Commonwealth

Opinion by

Judge Hines :

The objections to the action of the court in permitting the jury to separate, and to the manner in which they arrived at their verdict, having been first presented and brought into the record on the motion for a new trial, are not the subject for review by this court. Terrell v. Commonwealth, 13 Bush 246, and Kennedy v. Commonwealth, 14 Bush 340.

While the second instruction given in this case is absolutely erroneous, in that it groups together and gives too much prominence to certain facts from which the jury may draw the conclusion of malice, it does not appear to us…