PENNINGTON v. COMMONWEALTH


344 S.W.2d 407 (1961)

John M. PENNINGTON, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

March 10, 1961.


Attorney(s) appearing for the Case

S. M. Ward, Hazard, A. E. Cornett, Hyden, for appellant.

John B. Breckinridge, Atty. Gen., Wm. A. Watson, Asst. Atty. Gen., for appellee.


STEWART, Judge.

John M. Pennington was convicted in the Perry Circuit Court of the crime of wilful murder. He was sentenced to life imprisonment. On this appeal he argues that the trial court erred to the prejudice of his substantial rights in failing to give appropriate instructions on voluntary manslaughter and on self-defense. The trial court gave only a wilful murder instruction.

The evidence shows that on January 2, 1960, at about ten or eleven in the...

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