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METTS v. COMMONWEALTH

361 S.W.2d 653 (1962)

Grover METTS, Jr., Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

Rehearing Denied November 30, 1962.

Attorney(s) appearing for the Case

Edward F. Prichard, Jr., Frankfort, for appellant.

John B. Breckinridge, Atty. Gen., John B. Browning, Asst. Atty. Gen., Frankfort, for appellee.

WADDILL, Commissioner.

Upon an indictment charging him with the crime of willful murder, appellant was convicted of voluntary manslaughter and sentenced to prison for a term of 21 years.

It is contended that the court committed prejudicial error in permitting the jurors to separate in violation of Section 244 of our Criminal Code of Practice, which in pertinent part provides:

"On the trial of offenses which are or may be punished capitally or by life...

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