Kirby v. State

On. November 8, 1943, defendant, Bay Kirby, who appeals, was convicted of an attempt to commit voluntary manslaughter in the Circuit Court of Sevier County, and for the offense was sentenced to serve two years in the State penitentiary.

The alleged assault was committed in a beer tavern known as “Perry’s Place” in Sevier County, Tennessee. On the evening of October 2, 1943, Bay Kirby with his two brothers, Charles and Earnest, was sitting at the counter in that tavern drinking beer. After the Kirby brothers had been there for some time Glenn Tarwater, the victim of the assault, with two…