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Court of Appeals of Kentucky (pre-1976), 1927

Bennefield v. Commonwealth

Bennefield v. Commonwealth
Court of Appeals of Kentucky (pre-1976) · Decided May 20, 1927 · Drury
294 S.W. 828; 220 Ky. 80; 1927 Ky. LEXIS 481 (South Western Reporter)

Counsel

W. S. WALDEN for appellant., PRANK E. DAUGHERTY, Attorney General, and G. D. LITSEY, Assistant Attorney General, for appellee.

Bennefield v. Commonwealth

Opinion of the Court

OPINION op the Court by

Drury, Commissioner—

Reversing.

Upon Ms trial under an indictment for the murder of Roscoe Barnes, Bennefield was found guilty of manslaughter and his punishment fixed at 20 years in the penitentiary. The defendant was convicted of manslaughter, and might have been convicted of murder, under instructions that erroneously failed to require the jury to believe “from the evidence beyond a reasonable doubt” the tMngs necessary to constitute his guilt. See Adkins v. Com., 82 S. W. 242, 26 Ky. Law Rep. 496; Ison v. Com., 66 S. W. 184 23 Ky. Law Rep. 1805: Gibson v. Com., 214 Ky. 458, 283 S. W. 427. The contention that -.the verdict is flagrantly ag’ainst the evidence cannot be isustained.

The judgment is reversed. Mandate to issue immediately.

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