Howard v. Commonwealth

Opinion op the Court by

Judge Perry

Reversing.

Appellant, Alf Howard, was indicted by the grand jury of Breathitt county, charged with the murder of Emory Noble, and on trial was convicted of voluntary manslaughter, and his punishment fixed at confinement in the penitentiary for five years.

His motion and grounds for a new trial being overruled, he has appealed, urging through counsel five grounds for the reversal of the judgment, as follows:(1) The court failed to instruct the jury to find the defendant not guilty at the close of the evidence introduced by the commonwealth.(2) Because the court…