McCoy v. Commonwealth

William H. McCoy was convicted of murder of the second degree, and brings the case here to review alleged errors said to have been committed on the trial.

[1] The first error assigned is that the court erred in giving instructions 9 and 10 at the instance of the Commonwealth. These instructions are as follows:

“9. The court tells the jury that bare fear that a man intends to commit murder or other atrocious felony, however well-grounded, unaccompanied by any overt act indicative of any such intention will not warrant killing the party by way of prevention. There must be some overt act…