Couch v. Commonwealth

Opinion op the Court by

Judge Dietzman

Reversing.

This is the .second appeal of this case. The opinion on the first appeal may be found in 202 Ky. 677, 261 S. W. 7. In that opinion we said:

“We are constrained, however, to say that the whole evidence introduced 'by the Commonwealth, and ibv the defendant as well, shows that appellant in the shooting of Smith acted only in self-defense, and, while there was no motion for a directed verdict, in the grounds for a new trial it is complained that the verdict is not sustained by sufficient evidence, and on this ground the court should have granted a…