Highbarger v. Commonwealth

Opinion op the Court by

Judge Willis

Affirming.

Emmett Highbarger.shot and.killed Richard Southerland. He was indicted for murder, and on his trial was convicted of. manslaughter and given a sentence .of 18 years in the penitentiary. On this appeal by him, complaint is- made that the jury was not properly instructed, and that competent evidence offered by him was excluded from the consideration of the jury.

The instructions were the usual and proper ones to be given on a trial of this character, and fully submitted to the jury every issue in the case. They were faultless in form and.sufficient in…