Carter v. Commonwealth

Opinion op the Court by

Creal, Commissioner—

Affirming.

Under an indictment charging him with the murder of John Bean, Robert Carter has been convicted of manslaughter and his punishment fixed at imprisonment for two years. He is appealing.

As grounds for reversal it is argued (1) that the trial court erred in summoning a jury from another county and (2) that incompetent and prejudicial evidence was admitted over appellant’s objections. As appears from the record, appellant had been tried three ' times, and in each instance the jury failed to reach a verdict. When the case was called again for…