Fox v. Commonwealth

Opinion op the Court by

Jud.ge Cammack

Reversing.

James Pox was sentenced to five years in prison for voluntary manslaughter. The indictment charged that he “did unlawfully, wilfully and feloniously, but without previous malice, by the reckless and grossly careless use of a pistol,” kill Alfred Carrey. The principal’ ground urged for reversal is that the jury was not properly instructed.

A dispute arose between Pox and Carrey over a few nickels which came out of a slot machine. Pox’s defense was that he did not fire until Carrey approached him with a knife. The Commonwealth sought to show that…