Thornsberry v. Commonwealth

Opinion op the Court by

Judge Clay

Reversing.

John Thornsberry appeals from a judgment convicting him of manslaughter, and fixing his punishment at five years’ imprisonment.

It is first insisted that the verdict is flagrantly against the evidence.

The homicide occurred during the 1933 primary election at the .Spurlock schoolhouse, in Floyd county, and was the result of a fight between appellant and his two nephews, Bill Justice and Jeff Justice, on one side, and the deceased, Henry Wright, and his two sons, Ernest Wright and Burr Wright, on the other. Some time before the difficulty, and at a time…