Canada v. Commonwealth

Opinion op the Court by

Drury, Commissioner—

Reversing.

James Canada, indicted for murder, was convicted of manslaughter and his punishment fixed at five years in the penitentiary. This conviction was obtained under the same indictment under which Ancil Richmond was convicted. See Richmond v. Commonwealth, 255 Ky. 758, 75 S. W. (2d) 500, for fuller statement of the facts.

The Indictment and the Instructions.

The court instructed on conspiracy which had not been charged in the indictment. That was not error. See Crenshaw v. Commonwealth, 227 Ky. 223, 12 S. W. (2d) 336, headnote 17.

Rulings. on…