Cupp v. Commonwealth

Opinion op the Court by

Drury, Commissioner

Affirming.

Bert Cupp, indicted for the murder of Bradley York, was found guilty of manslaughter, and his punishment fixed at five years’ confinement in the penitentiary. This killing occurred in a battle that is described in the case of York v. Com., 201 Ky. 431, 257 S. W. 38.

Appellant filed five grounds to support his motion for a new trial, but the only questions that he considered of enough importance to discuss in his brief are some trifling irregularities in the instructions. There were six of these instructions. Number 1 submitted the question of…