Kinder v. Commonwealth

Opinion op the Court by

Judge Rees—

Affirming.

This case is here a second time. The opinion on the prior appeal was rendered October 1, 1935, and is reported in 260 Ky. 534, 86 S. W. (2d) 297.

On his first trial, appellant was convicted of the crime of manslaughter, and sentenced to a term of 21 years in the penitentiary. The judgment was reversed because of the admission of incompetent evidence and improper conduct of the commonwealth’s attorney during the cross-examination of the accused. On his second trial, the accused was again convicted of the crime of manslaughter, and his punishment fixed…