Commonwealth v. Spivey

Opinion op the Court by

Chiep Justice Dietzman—

Certifying the law.

In June, 1929, Albert Spivey was killed, and the following October Gentry Richardson and others were indicted for this homicide. In February, 1930, Richardson was put upon his separate trial, and convicted of the offense of manslaughter'. At this trial, the present appellee, Bessie Spivey, the widow of Albert Spivey, testified for Richardson, and in her testimony deposed that in the trouble wherein her husband was killed he had fired three shots before any other shots were fired.

After the conviction of Richardson, Bessie Spivey…