McCurry v. Commonwealth

Opinion of the Court by

Judge Thomas

Affirming.

Upon Ms trial in the Floyd circuit court under an indictment charging him with murdering Dr. J. M. Williams, the appellant, Jack McCurry, was convicted of voluntary manslaughter and punished by confinement in the penitentiary for a period of five years, and by this appeal he seeks a reversal of the judgment upon three grounds, which are: (1) erroneous instructions; (2) failure of the court to postpone the trial until the arrival of a witness, and (3) that the verdict is flagrantly against the evidence, each of which grounds we will consider in the…