Gay v. Commonwealth

Opinion op the Court by

Yan Sant, Commissioner

Reversing.

Upon conviction of manslaughter, appellant was sentenced to serve five years and one day in the State Reformatory. For reversal of the judgment, he contends that the Court erred in overruling his motion for a new trial (1) upon the ground of newly discovered evidence, and (2) upon the ground that one of the jurors separated from the remaining members of the panel during the trial. Since we have concluded the judgment must be reversed because of the separation of the jury, it is unnecessary for us to discuss the alleged error in respect to…