Shell v. Commonwealth

Opinion of the Court by

Judge McCandless

Affirming.

This is the second appeal of this case. Appellant was indicted for murder. On the first trial he was found guilty and his punishment was fixed at confinement in the penitentiary for life. That judgment was reversed on account of error of the lower court in qualifying the self-defense instruction. The opinion is reported in 194 Ky. 767.

On the second trial he was convicted of manslaughter and his punishment fixed at ten years in the penitentiary.

The only grounds relied upon in this appeal are (a) error of the court in admitting incompetent…