Shepherd v. Commonwealth

Opinion op the Court by

Judge Rees

— Affirming.

The appellant, Jake Shepherd, charged with murder, was convicted of manslaughter and sentenced to 21 years in the penitentiary.

In July, 1928, appellant shot and killed Lewis Howard, a boy 18 years of age. On the day of the killing, appellant and Floyd Wireman, his nephew, had gone hunting, as they claim, for turtles. On their way home they stopped under the shade of a tree near the public road. Floyd Wireman sat down on the side qf the road with a shotgun across his lap, and appellant sat down on the opposite side of the road. While they were…