Rush v. Commonwealth

Opinion op the Court by

Judge Tilford

Reversing.

Appellant was convicted of voluntary manslaughter and sentenced to seventeen years confinement in the penitentiary. The homicide, according to the great preponderance of the evidence, was a most brutal one; but, because appellant testified that he used only his fists and had no intention of killing, and no witness testified that he saw him use a weapon, he insists that the trial court erred in failing to instruct on involuntary manslaughter. However, since the nature of the wounds inflicted upon his victim indicated that they could not have been…