Smith v. Commonwealth

CAMMACK, Justice.

Lee Smith was found guilty of voluntary manslaughter and sentenced to 10 years in prison. The basis of the charge was that Smith ran over and killed Victoria Grigsby with his automobile in such a wanton and reckless manner as to manifest utter disregard for human life. On this appeal Smith insists vigorously that there was not sufficient evidence to warrant the submission of the case to the jury under an instruction on voluntary manslaughter, and the court erred in instructing the jury.

Smith, accompanied by Henry Fugate and Harley Fugate, his brothers-in-law, was driving his…