Logsdon v. Commonwealth

Opinion of the Court by

Judge Rees

Affirming.

On July 19, 1929, M. A. Logsdon shot and killed Andy Warren. Upon his trial under an indictment for murder, he was found guilty of manslaughter and his punishment fixed at 15 years in the penitentiary. The sole ground urged for reversal is that the instruction ■defining the right of an officer in making an arrest is ■erroneous.

Logsdon was a constable of Madison county, and on the night of the killing was employed by a carnival company to police its grounds at Richmond, Ky. About 10 e’clock p. m., Warren appeared at the gate of the carnival in a…