Hays v. Commonwealth

Opinion op the Court by

Judge Hobson

Affirming.

Ernest Hays, on June 9, 1909, shot and killed J. S. Lane, his brother-in-law. He was indicted for the offense, and having been found guilty of voluntary manslaughter, and his punishment having been fixed at twenty-one years in the penitentiary, he appeals.

On the day of the homicide, Hays, Lane and a number of others went to Berea to attend the < .ommencement exercises at the college there. They lived some miles away in Jackson cotrnty and were on horseback. In the afternoon they started home, and after going some four or five miles, stopped at a…