Combs v. Commonwealth

MILLIKEN, Judge.

Glendon Combs, the appellant, shot and killed Ralph Fugate with a single blast from *270a 16-gauge shotgun in broad daylight on June 2, 19S6, while Fugate was standing on the porch of Combs’ home. The appellant was convicted of voluntary manslaughter and sentenced to five years in the penitentiary. There were no witnesses to the slaying except the appellant, who did not deny that he killed Fugate. He did deny that it was murder, however, and since his theory of the case is the basis for this appeal, it will be set out in detail. He insists that he was entitled to an instruction on…