BARNETT v. COMMONWEALTH


348 S.W.2d 834 (1961)

Earl BARNETT, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

Rehearing Denied September 22, 1961.


Attorney(s) appearing for the Case

Nickell & Walter, West Liberty, E. B. Rose, Rose & Short, Beattyville, for appellant.

Jo M. Ferguson, Atty. Gen., H. D. Reed, Jr., Asst. Atty. Gen., for appellee.


MONTGOMERY, Judge.

Earl Barnett was convicted of the offense of voluntary manslaughter in the homicide of Fallon McIntosh. He was sentenced to serve five years in the state penitentiary. On appeal, he urges that: (1) His plea of res judicata should have been sustained; (2) the court erred in failing to admonish the jury properly and to set aside the swearing of the jury because of inadmissible and prejudicial testimony; and (3) the evidence is insufficient to sustain...

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