Spencer v. Commonwealth

WADDILL, Commissioner.

Appellant shot and killed Brooksie Spencer while they were involved in a fight in appellant’s home during the morning of February 11, 1960. Upon trial for this slaying he was convicted of voluntary manslaughter and sentenced to serve ten years in prison. As a ground for reversal of the judgment it is contended that the court erred in overruling his motion for a directed verdict of acquittal because the evidence conclusively established a case of self-defense.

We relate the substance of appellant’s testimony. He and Brooksie were life-long friends. Brooksie had stayed…