Smith v. Commonwealth

Indicted for the murder of Willy Lowery, Howard Edward Smith was convicted by a jury of voluntary manslaughter and was sentenced in accordance with the verdict to serve five years in the penitentiary. The trial court overruled defendant’s motions to strike, and under the errors assigned, the sole question preserved on appeal is whether the evidence was sufficient to identify defendant as the criminal agent.*

*10On the afternoon of June 15, 1974, Lowery, who had been drinking heavily, began brandishing a .38-cal. revolver in the presence of several patrons of Burrell Morgan’s restaurant in…