BARNES v. COMMONWEALTH


459 S.W.2d 607 (1970)

Chester BARNES, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

November 6, 1970.


Attorney(s) appearing for the Case

J. T. Hatcher, Elizabethtown, for appellant.

John Breckinridge, Atty. Gen., James H. Barr, Asst. Atty. Gen., Frankfort, for appellee.


MILLIKEN, Judge.

The appellant, Chester Barnes, an unmarried man in his fifties, was indicted for murder and was convicted of voluntary manslaughter — the killing of his brother, Roy Barnes, with a pistol shot. He was sentenced to serve twenty-one years in the penitentiary.

Chester and Roy had been on a rather extensive alcoholic binge before the killing which occurred about two o'clock in the morning, just a short time after Chester had awakened a...

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