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ATWOOD v. COMMONWEALTH

451 S.W.2d 426 (1970)

Otha Vernon ATWOOD, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

March 6, 1970.

Attorney(s) appearing for the Case

Cabell D. Francis, Ben K. Wilmot, Stanford, for appellant.

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

CULLEN, Commissioner.

Otha Vernon Atwood was charged with murder in the killing of Frank Rousey, was convicted of voluntary manslaughter, and was given a five-year sentence. He appeals from the judgment of conviction. His grounds of error are (1) the evidence showed that the shooting grew out of the commission of a felony by Rousey, which fact exonerates Atwood; (2) the court should have instructed on involuntary manslaughter...

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