LILLARD v. COMMONWEALTH


267 S.W.2d 712 (1954)

LILLARD v. COMMONWEALTH.

Court of Appeals of Kentucky.

April 23, 1954.


Attorney(s) appearing for the Case

Mahlon R. Shelbourne, Paducah, for appellant.

J. D. Buckman, Atty. Gen., Zeb A. Stewart, Asst. Atty. Gen., Flavious B. Martin, Commonwealth's Atty., Mayfield, for appellee.


STANLEY, Commissioner.

The appeal by Luther Lillard is from a judgment of conviction of voluntary manslaughter and imprisonment for two years. The only question is whether it was error to overrule the defendant's plea of former jeopardy.

A trial held in May, 1952, resulted in a hung jury. On a second trial held in October, 1952, the defendant stated, in answer to a question of his attorney, that photographs had been made of himself while in jail shortly after...

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