Cosby v. Commonwealth

DAVIS, Commissioner.

William “Pet” Cosby shot and killed J. W. West. Upon his trial for that homicide, the jury found Cosby guilty of involuntary manslaughter in the first degree, fixing his punishment at imprisonment for ten years. KRS 435.022(1). He seeks reversal of the judgment of conviction on the sole ground that the jury violated the court’s admonition by discussing the case among themselves before it was submitted to them.

It is conceded that the trial judge properly admonished the jury as required by RCr 9.70. Part of that admonition was that the jurors “not converse among themselves…