Lucas v. Commonwealth

Judge Helm

Affirming.

Appellant, Murtha Lucas, charged with murder, was found guilty of voluntary manslaughter and his punishment fixed at 15 years in prison. He appeals.

On January 17, 1948, about 7:30 p. m., appellant shot and killed Jesse Johnson in the store of Baymond Kessee at Dyer, a village with three stores, in Breckinridge County. Appellant maintains the judgment of the lower court should be reversed because (1) Taking the evidence as a whole, reasonably and rationally considered, it is not sufficiently convincing to justify conviction of the defendant, and (2) even if the jury had…