Payne v. Commonwealth

Indicted for the murder of his wife, David L. Payne was convicted by a jury of voluntary manslaughter, and judgment was entered on the verdict fixing his punishment at five years in the penitentiary.

The theory of Payne’s defense was that his wife was murdered by aft unknown intruder. The crucial question is whether the evidence, which was wholly circumstantial, was sufficient to identify Payne as the criminal agent.

Mrs. Payne was killed in her home on Halloween night, October 31, 1973. Payne gave the jury the following account of events. Payne and his wife had separated in August, 1973, and…