Day v. Commonwealth

'Opinion of the Court by

Judge Moorman

Reversing.

Appellant was convicted in the Leslie circuit court of killing Robert Y7kitehead and sentenced to confinement in the state penitentiary for ten years. He has appealed, contending that the court did not instruct the jury on the whole law of the case, and that the verdict of the jury is palpably against the evidence.

The first ground mentioned pertains to the instruction on self-defense, which ought to have included, it is said, a definition of the defendant’s right to defend his family and home against the assaults of deceased and to *731avert any…