Helton v. Commonwealth

Opinion op the Court by

Stanley, Commissioner

Reversing.

As Omar Mackey ran up the hill upon the approach of officers to the house of his father-in-law where he was staying, on November 5, 1930, he was <shot and killed: Nat B. Helton, a deputy constable, was convicted of the offense and sentenced to seven years in prison. We reversed the judgment on the ground that the verdict was flagrantly against the evidence. The facts and reasons are stated in detail in the former opinion. Helton v. Commonwealth, 242 Ky. 386, 46 S. W. (2d) 487, 489.

Upon the return of the case, a new indictment was found…