SPENCER v. COMMONWEALTH


349 S.W.2d 841 (1961)

Zeke SPENCER, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

September 29, 1961.


Attorney(s) appearing for the Case

Henry L. Spencer, Jackson, for appellant.

John B. Breckinridge, Atty. Gen., Troy D. Savage, Asst. Atty. Gen., for appellee.


WADDILL, Commissioner.

Appellant shot and killed Brooksie Spencer while they were involved in a fight in appellant's home during the morning of February 11, 1960. Upon trial for this slaying he was convicted of voluntary manslaughter and sentenced to serve ten years in prison. As a ground for reversal of the judgment it is contended that the court erred in overruling his motion for a directed verdict of acquittal because the evidence conclusively established a case...

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