Kelly v. Commonwealth

Opinion op the Court by

Judge Willis

Affirming.

Boscoe Kelly was indicted for the mqrder of a colored man named T. B. Phelps, convicted of manslaughter, and condemned to serve a sentence of fifteen years’ imprisonment. He has prosecuted an appeal from the conviction, insisting that he was prejudiced by the erroneous admission and exclusion of evidence and by an unfair argument addressed to the jury.

An abridged statement of the ultimate facts which the testimony tended to show will suffice for a decision on the merits.

On a 'Sunday afternoon in March, Kelly was seen in Cloversplint in an…