Brandenburg v. Commonwealth

Opinion of the Court by

Judge Thomas —

Affirming.

Between 9 and 9:30 o’clock on the evening of July 4, 1934, Patrick Kilkarney was shot and killed on the streets of Booneville, Ky., the weapon -(a pistol) with which the shooting was done being in the hands of appellant and defendant below, Elmer Brandenburg. He was later indicted by the grand jury of Owsley county charged with murder, and' at his trial he was convicted of voluntary manslaughter and punished by the maximum term of imprisonment for that offense. From the judgment pronounced on that verdict, after' his motion for a new trial was…