Fuson v. Commonwealth

Opinion op the Court by

Drury, Commissioner—

Reversing.

J. R. Fuson, a man 50 years of age, was tried under an indictment charging him with the murder of Howard Rice, a man 28 years of age. Fuson admitted the homicide, but sought to justify his act as one done in his necessary self-defense. The jury found him guilty of manslaughter and fixed his punishment at five years in the penitentiary. To reverse the judgment that followed, Fuson’s principal reliance is that the verdict is flagrantly against the evidence; hence we shall endeavor to state the substance of it.

For about two years these men had…