Ferguson v. Commonwealth

WADDILL, Commissioner.

Archie Ferguson killed Carl Howard during a fight between them. By an indictment he was accused of wilful murder and upon his trial was found guilty of voluntary manslaughter and sentenced to confinement in the state penitentiary for a term of 12 years. On this appeal he contends that: (1) The verdict is flagrantly against the evidence; (2) the trial court abused its discretion by refusing to grant him a new trial on the ground of newly discovered evidence; (3) the trial court permitted the jury to consider incompetent and prejudicial evidence.

During the evening of April…