Blackburn v. Commonwealth

MOREMEN, Justice.

Appellant, Arie Blackburn, was convicted of voluntary manslaughter of James Smith and sentenced to ten years’ confinement in the penitentiary. This is the second appeal of this case. The first opinion may be found in 314 Ky. 22, 234 S.W.2d 178.'

The evidence produced by the Commonwealth and that produced by the appellant are in conflict concerning material issues of fact.

The Commonwealth produced one eyewitness to the homicide, Preston Moore, who testified that on. the morning of December S, 1949, he and his nephew, James Smith, drank intoxicating liquor. About noon they went…