Fitch v. Commonwealth

Opinion of the Court by

Chief Justice Ratliff—

Reversing.

Robert Fitch was indicted by the grand jury of Carter county for the murder of Josephine Myers. He was tried at the September, 1936, term of the court,, convicted of manslaughter, and sentenced to two years in the State Reformatory. He appeals.

Grounds relied on for reversal are: (1) The_ refusal of the court to peremptorily instruct the jury to find the defendant not guilty; (2) the court erred in permitting improper and incompetent evidence to go to the jury; (3) the court erred in giving to the-jury an instruction on manslaughter and…