JOHNSON v. COMMONWEALTH


419 S.W.2d 546 (1967)

John Roy JOHNSON, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

October 6, 1967.


Attorney(s) appearing for the Case

Thomas D. Shumate, Shumate, Shumate & Flaherty, Richmond, Boyd F. Taylor, Hamm, Taylor & Milby, London, for appellant.

Robert Matthews, Atty. Gen., Frankfort, for appellee.


CULLEN, Commissioner.

John Roy Johnson appeals from a judgment which sentenced him to a term of 21 years pursuant to a verdict convicting him of voluntary manslaughter in the death of one Lester Mullins. His primary contention is that the evidence was insufficient to warrant submission of the case to the jury. We agree.

Johnson and one Charles Houston were indicted jointly for the murder of Mullins. Johnson's motion for a separate trial was sustained and he...

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