Kinder v. Commonwealth

Opinion op the Court by

Stanley, Commissioner

Affirming.

Charlie Kinder appeals from a judgment of manslaughter with a penalty of twenty-one years in prison.

He and the deceased, Burt Gambrel, with Bill Jackson and Arthur Mayo, returned to Barbourville about 2 o ’clock in the afternoon after riding around for some time in Kinder’s automobile, a $65 Ford. Some,, if not all, of the party had been drinking. There is evidence that Kinder gave Gambrel the ignition key and permission to use the automobile, as he had frequently done before. Kinder, however, denies this. He and Mayo went to get something…