Correll v. Commonwealth

Opinion op the Court by

Stanley, Commissioner — ■

Reversing.

The appellant, Green Correll, has been sentenced to prison for eleven years for the killing of Henry Phillips. He asks a reversal of the judgment upon the .grounds that there was no evidence authorizing the qualification of the self-defense instruction, and that the commonwealth’s attorney was guilty of improper and prejudicial argument.

The trouble occurred in the mountainous section of Wayne county. The evidence of the Commonwealth was ■confined to proof that ill feeling had existed between the parties, and by members of Phillips’…