ROARK v. COMMONWEALTH


321 S.W.2d 783 (1959)

Dennie ROARK, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

March 6, 1959.


Attorney(s) appearing for the Case

Earl R. Cooper, Salyersville, for appellant.

Jo M. Ferguson, Atty. Gen., William L. Brooks, Asst. Atty. Gen., for appellee.


MOREMEN, Judge.

Appellant, Dennie Roark, killed Willard Back and, as a result, was convicted of voluntary manslaughter. He was sentenced to confinement in the penitentiary for a period of five years.

Appellant relies on these grounds for reversal: (1) The verdict was not supported by the evidence, and (2) the jury, upon retiring to reach a verdict, but before entering the jury room, mingled with the crowd in the court room and thereafter a deputy sheriff entered...

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