Murphy v. Commonwealth

Opinion op the Court by

Judge Clay

Reversing.

This is an appeal from a judgment based on a verdict finding appellant guilty of manslaughter, and fixing his punishment at five years’ imprisonment in the penitentiary.

The facts are these: The deceased, Dan McKnight, was an uncle of appellant, and, som,e time prior to the homicide, appellant was required' to appear before the grand jury and give evidence of McKnight’s violation of the prohibition act. On the afternoon of the homicide McKnight left home with Jam'es Blair and John Buckley and they went up a hollow to a coal bank. “While they were near…