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DE BERRY v. COMMONWEALTH

289 S.W.2d 495 (1956)

Charles C. DE BERRY, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

Rehearing Denied May 11, 1956.

Attorney(s) appearing for the Case

C. Ewbank Tucker, Louisville, for appellant.

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

MONTGOMERY, Judge.

Charles C. DeBerry appeals from a judgment inflicting the death sentence upon a conviction of murder. He was tried separately although indicted jointly with five others. Two grounds for reversal are urged: (1) The trial court failed to give the whole law of the case, in that it failed to give a voluntary manslaughter instruction based on the use of narcotic drugs at the time the homicide was committed; and (2) the jury failed to give the case the...

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