Kilburn v. Commonwealth

MOREMEN, Chief Justice.

Appellant, Rex Kilburn, was indicted for murder and convicted of manslaughter. His punishment was fixed at imprisonment for twenty-one years. He contends that the trial court erred (1) in refusing to sustain a motion to direct a verdict of acquittal for him, and (2) in giving an instruction which improperly qualified and limited the law concerning his right of self-defense.

Appellant’s whole defense was based upon the contention that he shot and killed Pearl Begley in the protection of himself and his foster son, Charles Caudill, and his own son who was about seven years…