Tuggle v. Commonwealth

Opinion of the Court by

Stanley, Commissioner—

Affirming.

For the killing of Will McWhorter, colored, the appellants, Everett Tuggle and Arthur Barton, were convicted of manslaughter and sentenced to serve fifteen years in prison. The homicide occurred at what is called throughout the record a “beer joint,” three miles south of Hazard, about 2 o’clock in the morning, one night in July, 1934. Earlier in the night Mc-Whorter’s automobile had run out of gasoline nearby and at the place Barton let him have about two gallons taken from the tank of his taxicab. There was a quarrel over this, but it…