Shoemaker v. Commonwealth

Opinion of the Court by

Commissioner Sandidge

Reversing.

Tried under an indictment which charged them with murder, appellants, Jake- Shoemaker, Porter Shoemaker and Fred Yost, were found guilty of manslaughter and. prosecute this appeal from the- judgment of the Lee circuit court so convicting them and fixing their punishment at confinement in the state penitentiary for a term of six years.

Consideration of appellants’ assignments of error makes it necessary to summarize the facts. A number of witnesses who testified heard the fusillade of shots, by some of which Frank Baker was killed, and the…