Bennett v. Commonwealth

SIMS, Judge.

The trial of Homer Bennett upon an indictment charging him with the murder of his brother, Harry Bennett, resulted in a conviction of voluntary manslaughter and the jury fixed his punishment at confinement in the penitentiary for 21 years. As the sole ground relied upon for reversal of the judgment is the court erred in summoning a jury from the adjoining county of Leslie, it will not be necessary to state the facts surrounding the tragedy.

This was the first trial of the case and there was no companion case previously tried. When the case was called for trial both sides announced…