Burris v. Commonwealth

Opinion op- the Court by

Stanley, Commissioner

Reversing.

The indictment charges the appellant, John Bnrris, with voluntary manslaughter, committed by shooting Edith Leming “in a sudden affray and without previous malice.” The instructions authorized conviction not only upon the circumstance or condition so charged, but also that of “sudden heat of passion,” and as well upon the theory of the “reckless, wanton and grossly careless use and handling” of a pistol, “or in pointing it at said Edith Leming when the defendant knew it was dangerous to life.” An instruction on involuntary manslaughter…