SWANGER v. COMMONWEALTH


255 S.W.2d 38 (1953)

SWANGER v. COMMONWEALTH.

Court of Appeals of Kentucky.

February 13, 1953.


Attorney(s) appearing for the Case

Harry M. Caudill, French Hawk, Whitesburg, for appellant.

J. D. Buckman, Jr., Atty. Gen., and H. D. Reed, Jr., Asst. Atty. Gen., for appellee.


WADDILL, Commissioner.

During the afternoon of October 5, 1951, Carl Swanger shot and killed Harold Dykes. He was indicted on the charge of murder and was convicted of voluntary manslaughter and sentenced to 21 years in the penitentiary.

On appeal he urges three grounds for reversal of the judgment: (1) separation of the jury in contravention of Section 244 of the Criminal Code of Practice; (2) failure of the court to instruct the jury upon the whole law of...

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