Brown v. Commonwealth

STEWART, Judge.

Appellant, L. C. Brown, was jointly indicted with James T. Hobbs for the wilful murder of John D. Carnes, a 76-year-old man. Appellant moved for a severance, was tried separately in November, 1959, found guilty of voluntary manslaughter, .and sentenced to 21 years and a day in the penitentiary. On this appeal Brown urges a reversal on two grounds: (1) He was ■entitled to a directed verdict; and (2) the court failed to instruct the jury on the whole law of the case.

Carnes was killed at his home on the left fork of Turkey Creek in Knox County on Sunday, June 28, 1959, between…