Johnson v. Commonwealth

OSBORNE, Justice.

On the 24th day of September, 1971, Larry Burgess was shot and killed by appellant, Charles David Johnson, while a patron at Al’s Cottage in Southgate, Campbell County. Appellant was indicted and tried for the offense of murder; was convicted of involuntary manslaughter and given a sentence of eight years. From that judgment he appeals.

His first contention is that the trial court permitted the Commonwealth’s attorney to ask questions of certain witnesses which called for conclusions and were therefore incompetent. In his brief he quotes the following portion of the transcript…