De Berry v. Commonwealth

MONTGOMERY, Judge.

Charles C. DeBerry appeals from a judgment inflicting the death sentence upon a conviction of murder. He was tried separately although indicted jointly with five others. Two grounds for reversal are t urged: (1) The trial court failed to give the whole law of the case, in that it failed, to give a voluntary manslaughter instruction based on the use of narcotic drugs at the time the homicide was committed; and (2) the jury failed to give the case the consideration it deserved since the verdict was returned twenty minutes after the jury retired.

Appellant, in company with…