The appellant and others were charged with the crime of murdering, and conspiring to murder, James Tuggle, and the trial of the appellant resulted in convicting him of the crime of manslaughter. There was evidence before the jury that the appellant and two of the others charged in the indictment were seen, on the morning of the day of the killing, together, armed with guns and a pistol, the appellant having the pistol; and the appellant was heard to say that the matter would be settled that day; that they went to the schoolhouse, armed as indicated, and where Tuggle was shot with gun and pistol, and the appellant was present at the shooting; and it also appears that appellant was the only one of the party that had a pistol.

The verdict of the jury was authorized from the evidence. The confession of two of the parties charged that they did the killing is not inconsistent, if true, with the fact that appellant was guilty of the offense charged. The jury was properly instructed.

The judgment is affirmed.

Ky.App. 1893.

BRAFFORD v. COMMONWEALTH.