Moxley v. Commonwealth

On Sunday, July 15, 1951, about 1:30 o’clock a. m., George Isom was shot and killed by John Ray Moxley in the latter’s home. Moxley was indicted for first degree murder, pleaded not guilty, and was tried before a jury. Self-defense was relied upon as a justification for the killing, but he was convicted of murder in the second degree with punishment fixed at five years confinement in the penitentiary. From the judgment confirming that verdict, a writ of error was awarded.

Accused insists that the evidence, though it be considered in the light most favorable to the Commonwealth, conclusively…