Maggard v. Commonwealth

Reversing.

On November 25, 1927, James Maggard shot and killed William Bowen. Upon his trial under an indictment for murder he was found guilty of manslaughter, and his punishment fixed at two years in the penitentiary. He has appealed.

Maggard was a deputy sheriff, and claims he was pursuing Bowen in an effort to arrest him under a warrant for illegal possession of whisky. He fired his pistol twice, and called to Bowen to halt, but Bowen heeded not. He says he overtook and got in front of Bowen, that Bowen dismounted, got behind his mule, drew his pistol, and directed Maggard to drop his…