Howard v. Commonwealth

Opinion op the Court by

Judge Moorman

Affirming.

Appellant was charged in the Leslie circuit court with the murder of George Jones. He was tried and convicted of manslaughter, and his punishment fixed at confinement in the state penitentiary for ten years. On this appeal it is contended that the court erred: (a) In refusing to give an instruction justifying the homicide if. it was committed in resisting or preventing the robbery of appellant; and (b) in the exclusion of evidence of specific acts of bad conduct on the part of deceased.

The instruction that was rejected directed the jury to acquit…