Ware v. Commonwealth

Opinion op the Court by

Judge O’Rear

Affirming.

*535Appellant was convicted of voluntary manslaughter, and appeals.

It was his claim on the trial that he had been previously assaulted with a deadly weapon, waylaid, and threatened by the person whom he afterwards killed, and who was shown by some evidence, was a dangerous and violent man. It was, therefore, appellant moved the trial court to instruct the jury .on those aspects of his case as was laid down in Oder v. Commonwealth, 80 Ky. 32; 4 R. 18. But that opinion was overruled, and none too soon, in Reynolds v. Commonwealth, 114 Ky. 912; which…