Mason v. Commonwealth

VANCE, Commissioner.

The appellant was charged with murder and was found guilty of the offense of voluntary manslaughter. KRS 435.020. *931He was sentenced to confinement in the penitentiary for a period of twenty-one years. On this appeal he claims (1) the officers in charge of the jury were not administered the oath required by RCr 9.68, and (2) an instruction on murder was improperly given.

After the jury was selected and sworn, and without any consent of the appellant for a separation, the trial was recessed at noon. The jury was kept together in charge of the sheriff and a deputy sheriff. The…