Joseph v. Commonwealth

Opinion of the Court by

Judge Latimer

Affirming.

The appellant, Luther Joseph, prosecutes this appeal from a judgment of the Harlan Circuit Court wherein he was sentenced to 10 years in the penitentiary for voluntary manslaughter.

The melee involved three brothers, Johnnie, Luther, and Felix. It appears from the evidence that the appellant, about 9 or 9:30 on the night of January 12, 1946, came to the home of his brother, Johnnie Joseph. After a short visit with his brother, he invited Johnnie and his wife to accompany him home, which they did. Upon arrival at the appellant’s home, Lnther began…