Montague v. Commonwealth

STANLEY, Commissioner.

We sustain the motion of Wayne A. Montague for an appeal from his conviction of involuntary manslaughter with imprisonment in jail for one year.

Montague, Allen and Thomas Raymond were jointly indicted for the murder of Elmer Winters. Allen had been convicted of voluntary manslaughter before the appellant’s trial.

The appellant strongly urges that the trial court should have directed a verdict of acquittal and, alternatively, that he committed error in giving the instruction on involuntary manslaughter as an aider and abettor of Allen.

Montague and Allen had become…