Sparks v. Commonwealth

Opinion op the Court by

Judge Logan

Affirming.

The appellant was charged by indictment with the crime of murder committed by shooting and wounding Elmer Martin, from which wounds Martin soon thereafter died. Upon his trial he was found guilty of manslaughter and his punishment fixed at 21 years in the penitentiary.

The evidence on behalf of the commonwealth discloses that appellant shot and killed Elmer Martin without apparent cause. The family of the appellant had been assisting John Martin, the father of the decedent, at a “cane stripping” on the night of October 6, 1926, A number of other…