Mays v. Commonwealth

Opinion op the Court by

Judge Stites —

Reversing.

Appellant was convicted of voluntary manslaughter and sentenced to sixteen years ’ imprisonment. ' If the testimony of the witnesses for the commonwealth is to be believed, appellant is guilty of a brutal and vicious murder. If appellant and his witnesses are to be believed, appellant was merely doing his duty as an officer and was acting in his own defense.

Appellant shot and killed Kelton Ashcraft in Beattyville on the night of October 6, 1934. Appellant’s defense was that he was a deputy sheriff and also night policeman of the city of…