Flynn v. Commonwealth

Opinion of the Court by

Judge Clay —

Reversing.

Appellant shot and killed Clarence Denny and was indicted for murder and convicted of manslaughter. The principal ground upon which, a reversal is sought is that the court erred in refusing an instruction on the right of appellant to kill the deceased in order to prevent the commission of a robbery.

At the time of the homicide appellant was conducting a hotel at Burnside. In the .same building he also conducted a grocery and meat shop. He and Denny had been friends and acquaintances for several years, and it does not appear that they had had any…