Commonwealth v. Beverly

Opinion op the Court by

Stanley, Commissioner

Certifying tlie law.

This appeal involves a declaration of the law respecting the right of a citizen to kill another when apprehended in the act of stealing his chickens. The appellee, John Beverly, was placed upon trial for the murder of Warren Wilburn. The jury having failed to make a verdict, the commonwealth asks for a certification of the law;- insisting that the instructions were more favorable to the defendant than he was entitled to have given.

The evidence introduced by the commonwealth consisted of testimony of the finding of Warren Wilburn,…