Collingsworth v. Commonwealth

Opinion of the Court by

Hobson, Commissioner

Affirming.

Ben Collingsworth was indicted in the Pendleton circuit court for the murder of Ed Fisher. On the trial of the case he was found guilty of manslaughter and his punishment fixed at nine years imprisonment in the penitentiary. He appeals.

The first ground relied on for reversal is, that the verdict is not warranted by the evidence and that the court should have instructed the jury peremptorily to find the defendant not guilty. The facts shown by the proof are these: Collingsworth and Fisher lived in the

same neighborhood. On October 14, 1933,…