Rains v. Commonwealth

Opinion op the Court by

Judge Dietzman—

Reversing.

From a judgment of conviction of the offense of voluntary manslaughter, this appeal is prosecuted.

The appellant at the time of the homicide was running a taxicab in the city of Pineville. He lived on Greasy creek. On the afternoon of August 14, 1927, he left his home in his automobile bound for Pineville. On his way to that city he overtook Beach Holland, who got into the automobile and seems to have remained with appellant the rest of the afternoon and evening. Holland was armed with a German Luger pistol, which he placed on the seat between…