Harvey v. Commonwealth

SIMS, Judge.

Edward Harvey was tried on an indictment which charged him with the murder of Thomas Morton Smith. He was convicted of voluntary manslaughter and his punishment was fixed at confinement in the penitentiary for two years. On this appeal he seeks to reverse the judgment because the court erred: 1. In overruling his motion for a directed verdict; 2. in not giving the whole law of the case.

Harvey operated a grocery store at 1201 West Jefferson Street in Louisville, and made his home in the store building. Around midnight on April 27, 1957, Harvey heard some loud talking and cursing…