Spicer v. Commonwealth

Opinion of the Court by

Turner, Commissioner—

Reversing.

Appellant was indicted ¿barged with tbe murder ofHarve .Potter, and upon bis trial was found guilty and sentenced to life imprisonment.

Tbe two grounds for reversal are: (a) because of tbe court’s error in refusing to sustain appellant’s motion for a directed verdict of not guilty under tbe evidence; and (b) because of tbe failure of tbe court to authorize *659in its instructions an acquittal of defendant if they believed from the evidence that defendant at the time of the shooting and killing of Potter believed and had reason-' able grounds to…