Wisecup v. Commonwealth

Opinion op the Court by

Judge Tidford

Affirming.

Having succeeded, after several attempts, in borrowing a shotgun with which to go “squirrel hunting,” appellant, in the early morning hours of June 20, 1943, repaired to the house occupied by his mother and John Kilburn and was greeted with blasts from a shotgun fired through the door by Kilburn, who was in his night clothes. In attempting to open the door, appellant “punched” it with the muzzle of the borrowed weapon, whereupon, it was “accidentally” discharged through the door, killing Kilburn. In consequence, appellant was indicted for murder,…