MITCHELL v. COMMONWEALTH


492 S.W.2d 878 (1973)

James W. MITCHELL, Jr., Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

Rehearing Denied May 4, 1973.


Attorney(s) appearing for the Case

James H. Byrdwell, Clifford Walters, Shelbyville, for appellant.

Ed W. Hancock, Atty. Gen., Guy C. Shearer, Asst. Atty. Gen., Frankfort, for appellee.


OSBORNE, Justice.

The appellant shot and killed Robert Vest on December 30, 1971, during the course of an altercation in Green's Restaurant in Shelbyville, Kentucky. The jury convicted him of voluntary manslaughter and fixed his punishment at 21 years in the penitentiary.

Appellant makes several contentions of error, only one of which has merit. We are of the opinion the instructions were adequate and the evidence sufficient to support the verdict. The only...

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