Winkler v. Commonwealth

Opinion op the Court by

Commissioner Hobson.

Reversing.

Tom Winkler was indicted in the Rockcastle circuit court for the murder of Milton Taylor. On the trial of the ease he was found guilty of manslaughter and his punishment fixed at 21 years ’ imprisonment. He appeals.

According to the proof for the commonwealth, Winkler and Chester Sowder were at an old house on the side of the Dixie Highway for the purpose of repairing it for Jones Fish, who had bought the land at a judicial sale and employed them to repair the house. While they were there, early in the morning, Milton Taylor approached with…