Foster v. Commonwealth

Opinion of the Court by

Van Sant, Commissioner

Affirming.

Appellants were convicted of manslaughter in the killing of Clayton Lambert, and were sentenced to two years each in the State Reformatory. They claim the Court erred in overruling their motion for a directed verdict of acquittal; and that the Court erred in his instructions to the jury.

On the night of May 5, 1944, appellants were in a roadhouse near Morehead, when the deceased, Clayton Lambert, an escapee from the State Reformatory, entered the premises. Appellants testified that Lambert had a quart of whiskey in his pocket; that he drew…