Tester v. Commonwealth

On July 9, 1930, a number of officers went to the home of Thomps Dotson for the purpose of arresting him upon a warrant. The accused was at the home of Dotson when the officers arrived and promiscuous shooting followed with the result that Thomps Dotson and Hyson Baker, a constable, were killed, and Howard Justus, a deputy sheriff, David Smith, a deputized person and the accused, Hillman Tester, were wounded.

The accused was indicted for murdering Hyson Baker. He was also indicted for shooting Howard Justus with intent to maim, disable and kill and for shooting David Smith with like intent.…