Commonwealth v. Jackson

CLAY, Commissioner.

Appellee, James Earl Jackson, was tried for murder and convicted of voluntary manslaughter, the jury fixing his punishment at 21 years in the penitentiary. On Jackson’s motion, an order was entered granting a new trial for the reason that a certain question propounded to Sallie Jackson, a defense witness and the wife of the accused, was so highly inflamable as to be prejudicial to appellee’s substantial rights. The Commonwealth on this appeal requests a certification of the law as to the propriety of the ruling.

One evening Jackson had loaned his automobile to Levi Webb and…