KELLY v. COMMONWEALTH


267 S.W.2d 536 (1954)

KELLY v. COMMONWEALTH.

Court of Appeals of Kentucky.

April 20, 1954.


Attorney(s) appearing for the Case

R. Kent Sampson, Harlan, for appellant.

J. D. Buckman, Jr., Atty. Gen., Earl V. Powell, Asst. Atty. Gen., for appellee.


MOREMEN, Justice.

Appellant, Billy Gerald Kelly, was found guilty of voluntary manslaughter and his punishment was fixed at confinement in the penitentiary for a period of 5 years.

On October 18, 1952, appellant, who at the time was 19 years old, was driving his automobile, a 1940 Oldsmobile, in an easterly direction on Kentucky Highway No. 38, near Closplint, Harlan County. As he entered a slight curve in the road, his automobile went out of control causing...

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