Murphy v. Commonwealth

Opinion op the Court by

Judge Dietzman—

Reversing.

Appellant was convicted of the offense of voluntary manslaughter and sentenced to three years and one day in the penitentiary. He appeals from that judgment.

On the 3d day of July, 1927, the appellant was engaged in a baseball game near the mining town of Delorme, W. Ya. He and his wife lived at Preeburn in this state, just across the river from where the ball game was being played. His wife attended the game, but left before it was over. On her way home she was accosted by Joe Scales, a carpenter who also lived near Freeburn. Scales was under…