Dalton v. Commonwealth

Opinion op the Court by

Judge Dietzman

Affirming.

The appellant was 'Convicted of the crime of manslaughter and sentenced to confinement for a period of five years. Prom the judgment he appeals.

He urges three grounds for reversal: (a) That the verdict is flagrantly against the evidence; (b) errors in instructions; (c) misconduct of the special prosecutor for the 'Commonwealth in his closing argument. The first of these grounds necessitates a summary of the evidence.

The appellant is a deputy sheriff of Rockcastle county. Some two years before the homicide occurred out of which this prosecution…