YOUNG v. COMMONWEALTH


332 S.W.2d 536 (1959)

Ellis YOUNG, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

Rehearing Denied March 18, 1960.


Attorney(s) appearing for the Case

Wilson & Nunn, Glasgow, Ralph Hurt, Columbia, for appellant.

Jo M. Ferguson, Atty. Gen., Paul E. Hayes, Asst. Atty. Gen., Carroll M. Redford, Com. Atty., Glasgow, Joseph Martin, County Atty., Edmonton, Rodes K. Myers, Bowling Green, Marion Vance, Glasgow, Earl Huddleston, Columbia, for appellee.


WADDILL, Commissioner.

Appellant, Ellis Young, was convicted of voluntary manslaughter and sentenced to prison for a term of eight years. We are reversing the judgment because the court erred in permitting incompetent testimony to be introduced over appellant's objections during the trial. Criminal Code of Practice, § 340.

During the afternoon of June 1, 1958, appellant shot and killed John R. Smith. He was indicted upon the charge of wilful murder. On...

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