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NEWSOME v. COMMONWEALTH

366 S.W.2d 174 (1962)

Goebel Lee NEWSOME, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

Dissenting Opinion January 15, 1963.

Rehearing Denied April 19, 1963.

Attorney(s) appearing for the Case

Francis M. Burke, Pikeville, for appellant.

John B. Breckinridge, Atty. Gen., Martin Glazer, Asst. Atty. Gen., Frankfort, for appellee.

STEWART, Chief Justice.

Appellant, Goebel Lee Newsome, was indicted for the wilful murder of Lawrence Robinson. He was convicted in the Pike Circuit Court of voluntary manslaughter and sentenced to 21 years in the penitentiary.

The evidence for the Commonwealth established that Newsome and his co-defendant, Roy Branham, and Lawrence Robinson and Ireland Robinson, the latter two being brothers, got together about 5:00 p. m. on

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