Howard v. Commonwealth

Opinion op the Court by

Judge Sims

Reversing.

Appellant, Estill Howard, was jointly indicted with his brother, Will, and his father, Jack, for the murder of Charles McKinney by cutting or stabbing him with a knife. Upon a separate trial Estill was convicted of manslaughter and his punishment was fixed at confinement in the penitentiary for 21 years. He asks that the judgment be reversed because: 1. The verdict is flagrantly against the evidence and a peremptory instruction should have been given in his behalf; 2. the court erred in not giving the whole law of the case and in improperly…