Bently v. Commonwealth

Opinion op the Court by

Judge Thomas —

Affirming.

At about 7 p. m., on December 16, 1928, appellant and defendant below, Melburn Bently, shot and killed Charlie Gibson in a restaurant located in Neon, Ky. He was later indicted by the grand jury of Letcher county and charged with murder, and at his trial was convicted of voluntary manslaughter, but the judgment pronounced on that verdict was reversed by this court in an opinion reported in 234 Ky. 37, 27 S. W. (2d) 397, in which the substantial facts developed by the testimony were set out. The reversal was therein ordered solely upon a defect in…