Miller and Gabbard v. Commonwealth

Opinion of the Court by

Judge Clay.

Reversing.

John Miller, chief of police of the town of Jackson, and Matt Gabbard, a deputy marshal, Who were jointly indicted with James Deaton and Harlan Hagins for the murder of Henry Howard, were' convicted of manslaugh ter and their punishment fixed at two years’ imprisonment in the state reformatory. They appeal.

There was evidence that shortly before the homici deHoward went to the store of William Day in Jackson and procured a 38 special pistol. Leaving there he went into the country and procured and drank some whiskev. On his return he went into a…