Bartrug v. Commonwealth

LUKOWSKY, Justice.

Bartrug was indicted and tried for the murder of his neighbor, Mrs. Thornsberry. The jury returned a verdict of guilty of the lesser included offense of first-degree manslaughter. Bartrug appeals. We affirm.

The evidence demonstrated Bartrug had been drinking on the day of the killing, but that he was not “staggering” drunk and could still make rational judgments. He was sufficiently coordinated earlier in the day to go to the reservoir to shoot groundhogs. In the afternoon he complained to Walker about his neighbors. He then walked up the street where he met Mrs. Thornsberry…