Toncray v. Commonwealth

Opinion op the Court by

Stanley, Commissioner

—Reversing.

Tlie defense of the Bible, as better than a patent medicine vendor’s sales book was the initial cause of this homicide for which the appellant has been sentenced to five years’ imprisonment.

The deceased, John H. Dale, had been conducting a show for about a week in connection with the sale of his medicines on the school grounds of Tollesboro in August, 1940. The appellant, John Toncray, was a merchant in the village. He disapproved the use of the grounds for the purpose and particularly objected to some of Dale’s statements as being…