Wilson v. Commonwealth

Opinion of the Court by

Judge O’Rear

Affirming.

Appellant was convicted of the crime of voluntary manslaughter, and he appeals. The facts on this trial are shown to be substantially as set forth in the opinion delivered by this court in this case on a former trial. (See Wilson v. Commonwealth, 121 S. W. 430.)

The principal ground now asserted for a reversal is that the trial court should have peremptorily instructed the jury to find the defendant not guilty. The fact that on the former appeal this court did not believe that there *37was a total failure of proof of the defendant’s guilt ia binding…