Kelly v. Commonwealth

jMiOREMEN, Justice.

Appellant, Billy Gerald Kelly, was found guilty of voluntary manslaughter and his punishment was fixed at confinement in the penitentiary for a period of 5 years.

On October 18, 1952, appellant, who at the time was 19 years old, was driving his automobile, a 1940 Oldsmobile, in an easterly direction on Kentucky Highway No. 38, near Closplint, Harlan County. As he entered a slight curve in the road, his automobile went out of control causing it to strike a concrete embankment on the left-hand side of the road, after which it ricocheted across the road to the right and struck…