Sizemore v. Commonwealth

Opinion op the Court by

Judge Fulton

Affirming.

On this appeal from a judgment sentencing the appellant, George Sizemore, to confinement in the penitentiary for eight years following his conviction for the voluntary manslaughter of Ebb Gibson, the sole ground for reversal urged is that error was committed in the failure to give an instruction on the right of the appellant to defend his home.

The killing occurred about 6 o’clock P. M. on Sunday in the month of May, 1940, at the home of Taylor Sizemore, the father of appellant, in which appellant resided as a member of the family. The deceased, Ebb…