Earl v. Commonwealth

HOWERTON, Judge.

A jury found Luther David Earl guilty of first degree manslaughter, and fixed his punishment at ten years in the penitentiary. From that judgment, Earl appeals citing three alleged errors.

First, the appellant argues that there was an error in the instructions given to the jury. It is undisputed in the record that appellant shot and killed his brother-in-law, Paul Bean. The issue in dispute in the case concerned whether or not appellant had acted in self-defense. A self-defense instruction was given. Thereafter, the instruction was limited or qualified in that the jury was told…