Scott v. Commonwealth

Opinion of the Court by

Stanley, Commissioner

Reversing.

Otis Scott appeals from a judgment of conviction of voluntary manslaughter and fifteen years’ imprisonment for the killing of J ames Brock. A reversal is sought on the ground that the court committed error in limiting the defendant’s right to shoot and kill to the defense of himself against danger of death or harm at the hands of Brock alone instead of against him and his companions acting in concert.

Scott and three other young men and a woman went to a road house called “Holly’s” near Cumberland, Harlan County, on the night of March 31,…