Marcum v. Commonwealth

WADDILL, Commissioner.

Upon an indictment charging him with the murder of John McKinley, the ‘appellant, Tommie Marcum, was convicted of' voluntary manslaughter and sentenced to> 12 years 'in the penitentiary. Appellant urges the following grounds for reversal :■ (1) The verdict is flagrantly against the-evidence; (2) separation of the jury; (3) violation of Section 246 of our Criminal! Code of Practice; and (4) error in admitting the dying declaration of the deceased.

The Commonwealth produced no eyewitness to the shooting, but did establish by-three witnesses that McKinley made a dying…