McIntosh v. Commonwealth

Opinion of the Court by

Judge Rees

Affirming.

The appellant, Green McIntosh, and his son, Ed McIntosh, were jointly indicted for the murder of Garrett Turner, Green McIntosh as principal and Ed McIntosh as aider and abettor. On his separate trial Green McIntosh was convicted of the crime of manslaughter, and his punishment fixed at confinement in the penitentiary for a period of 21 years.

He urges on this appeal that the judgment should be reversed because (1) the verdict is flagrantly against the evidence; (2) the court erred in excluding certain testimony; (3) the jury was guilty of misconduct;…