Slavin v. Commonwealth

Opinion op the Court by

Commissioner Tinsley

Affirming.

Dilman Slavin was convicted in the McCreary circuit court of the crime of manslaughter and sentenced to the penitentiary for two years. To reverse the judgment against him, he insists, first, that the verdict is against the evidence, and second, that the instructions are .erroneous.

About 20 or 30 minutes before the killing, appellant and the deceased, Earl Davenport, met at a coal tipple a short distance from appellant’s house at a mining camp called Fidelity in McCreary county. Davenport was riding a horse, and as he came up to appellant,…