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MARCUM v. COMMONWEALTH

256 S.W.2d 22 (1953)

MARCUM v. COMMONWEALTH.

Court of Appeals of Kentucky.

March 13, 1953.

Attorney(s) appearing for the Case

J. S. Sandusky, Somerset, Hile Pritchard, Albany, for appellant.

J. D. Buckman, Jr., Atty. Gen., Zeb A. Stewart, Asst. Atty. Gen., for appellee.

WADDILL, Commissioner.

Upon an indictment charging him with the murder of John McKinley, the appellant, Tommie Marcum, was convicted of voluntary manslaughter and sentenced to 12 years in the penitentiary. Appellant urges the following grounds for reversal: (1) The verdict is flagrantly against the evidence; (2) separation of the jury; (3) violation of Section 246 of our Criminal Code of Practice; and (4) error in admitting the dying declaration of the deceased.<...

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