Durham v. Commonwealth

Judge Cammack

Reversing.

Freeman Durham was sentenced to five years in prison on a charge of voluntary manslaughter. The charge grew out of the death of Floyd Johnson, who was struck by a truck being driven by Durham. Reversal of the judgment is urged upon the grounds that (1) incompetent evidence was admitted as to the speed of Durham’s truck; (2) there was no basis for an instruction on voluntary manslaughter; and (3) an instruction on accidental death should have been given.

The accident occurred near the end of an “S” curve just beyond the home of one of the Commonwealth’s witnesses, Mrs.,…