Shrout v. Commonwealth

Opinion op the Court by

Judge Logan—

Reversing.

The appellant, Shrout, shot and killed Ollie Jefferson on June 23, 1927. He was indicted for murder and convicted of manslaughter, and his punishment fixed at seven years in the penitentiary. He sets up and argues ten separate grounds for reversal.

The first ground is that instruction No. 5 was erroneous. It is in this language:

“If the jury have or entertain a reasonable doubt of the defendant being proven to be guilty they will acquit him. ’ ’

Section 238 of the Criminal Code is as follows:

“If there be a reasonable -doubt of the defendant being…