191 Ky. 299 | Ky. Ct. App. | 1921
Opinion of the Court by
Affirming.
The appellant, Alex Mclntire, was by indictment, .accused of the crime of willful murder, and upon a trial was found guilty of the crime of voluntary manslaughter, and his punishment fixed at imprisonment for twenty-one years, by the verdict of the jury, and the judgment of the court. His motion for a new trial was overruled, and he has appealed. The grounds upon which he sought a new trial were (1) that the court misinstructed the jury and failed to properly instruct it, and (2) erred to his prejudice in the admission of testimony against him and in excluding evidence offered by him.
(a) Touching the admission of testimony, which was not competent as-evidence against him, and the exclusion of competent evidence in his behalf, he, here, makes no complaint, and an examination of the record demon-' strates, that there is no substantial ground for such contention, as no evidence, which he offered was excluded and the evidence admitted against him, to which he offered' objections was competent and relevant.
(b) The contention, that the court erroneously failed to instruct the jury, and misinstructed it, as to the law of the case, makes necessary a statement of the facts, which were developed by the evidence. Richmond Mclntire the father of appellant was a merchant, in a village called Hombre, in Perry county. His residence was a few steps away from the store house. The building*, in which the elder Mclntire kept his store was divided by a partition, making it into two rooms, in one of which the store of merchandise was kept and in the other room Robert Mclntire, a brother of appellant, conducted a pool room. A door was in the partition which separated the rooms, and a door, also, opened into the pool room from the outside. Two young men, Link Cole and Nicholas Hurt, were at the place and in a more or less drunken condition from the effects of intoxicating liquors. Cole and two persons of the name of Maggard, accompanied by Robert Mclntire,
The judgment is therefore affirmed.