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SIZEMORE v. COMMONWEALTH

347 S.W.2d 77 (1961)

Alonzo SIZEMORE, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

June 2, 1961.

Attorney(s) appearing for the Case

Grant F. Knuckles, Pineville, Stephen Combs, Jr., Whitesburg, J. E. Sanders, T. L. Hibbitts, Pikeville, for appellant.

John B. Breckinridge, Atty. Gen., Wayne J. Carroll, Asst. Atty. Gen., for appellee.

PALMORE, Judge.

Alonzo Sizemore, charged with the wilful murder of Manuel Bentley, was found guilty of voluntary manslaughter and his penalty fixed at 21 years in the penitentiary. He appeals.

The tragedy occurred at the American Legion Club in the town of Fleming, in Letcher County, on the night of March 4, 1960. Trial was had in Pike County under a change of venue. Sizemore, a deputy sheriff of Letcher County, was the landlord of the premises and lived upstairs...

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