May v. Commonwealth

MOREMEN, Chief Justice.

Appellant, William E. May, was convicted of voluntary manslaughter for shooting and killing David Estep, his brother-in-law, and was sentenced to confinement in the penitentiary for two years. He insists that the trial court failed to instruct the jury upon the whole law of the case in that no instruction concerning his defense of accidental shooting was given, and for that reason the judgment should be reversed.

On October 7, 1956, after Estep and appellant had attended a funeral, they met at the home of Ernest Bates, who lived nearby. The three men had been drinking.…