Trevathan v. Commonwealth

DAVIS, Commissioner.

The appellant, Robert (Bob) Trevathan was indicted for the wilful murder of his son, Gene. Upon his trial he was convicted of voluntary manslaughter and sentenced to imprisonment for five years. KRS 435.-020.

Appellant presents three basic contentions for reversal: (1) improper argument by the Commonwealth’s Attorney; (2) admission of evidence which was obtained as the result of an illegal search, and (3) a directed verdict of acquittal should have been given.

Gene Trevathan, the victim of the instant homicide, was an unmarried man, about thirty-two years old. His admitted…