Commonwealth v. Kilburn

Opinion of the Court by

Judge Willis

Certifying the law.

Nat'Kilbum was indicted" for the murder of Jess Young, found guilty of manslaughter, and punishment by imprisonment for a period of two years fixed by the .verdict of a jury. The circuit court granted a new trial, and the commonwealth has prosecuted an appeal to have the law certified. Criminal Code of Practice, secs. 335, 336; Commonwealth v. Huber, 126 Ky. 456, 104 S. W. 282, 345, 31 Ky. Law Rep. 929.

The sole question to be decided is, whether the evidence for the commonwealth is sufficient to carry the case to the jury. The rule is that…