Payne v. Commonwealth

Opinion of the Court by

Morris, Commissioner

Affirming.

The grand jury of Knox County returned a true bill charging appellant with the crime of voluntary man slaughter, alleging that Payne wilfully and feloniously,, in sudden affray, etc., without malice, struck one Glenn Helton with his fist, hands and feet, causing him to fall and strike the pavement with such violence as to cause his death. A demurrer to the indictment was overruled with exception.

Upon trial appellant was found guilty; penalty was fixed at two years confinement. On appeal it is contended that the court erred: (a) in…