Herd v. Commonwealth

Opinion of the Court by

Judge Tilford

Affirming.

The appellant, a negro, shot and killed James Minor, also colored, on Church Street in the town of Lynch, following a quarrel which had occurred a short time before at appellant’s home where Minor, in a fit of temper over his losses, had broken up a gambling game conducted by appellant. Both parties had left the house, and, according to appellant, the subsequent encounter was accidental. Witnesses for the Commonwealth testified that appellant was the aggressor and shot Minor four times while the latter was trying to shield himself behind a…