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DURHAM v. COMMONWEALTH

226 S.W.2d 337 (1950)

312 Ky. 29

DURHAM v. COMMONWEALTH.

Court of Appeals of Kentucky.

January 17, 1950.

Attorney(s) appearing for the Case

Montgomery & Montgomery, Liberty, for appellant.

A. E. Funk, Atty. Gen., Zeb A. Stewart, Asst. Atty. Gen., for appellee.

CAMMACK, Justice.

Freeman Durham was sentenced to five years in prison on a charge of voluntary manslaughter. The charge grew out of the death of Floyd Johnson, who was struck by a truck being driven by Durham. Reversal of the judgment is urged upon the grounds that (1) incompetent evidence was admitted as to the speed of Durham's truck; (2) there was no basis for an instruction on voluntary manslaughter; and (3) an instruction on accidental death should have been...

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