Sanders v. Commonwealth

Opinion op the Court by

Chief Justice Clay—

Reversing.

Richard Sanders, appeals from a judgment convicting him of 'voluntary manslaughter, and fixing his punishment at five years’ imprisonment.

The chief ground urged for a reversal is that the court erred in failing to instruct on involuntary manslaughter.

The evidence for the commonwealth discloses that appellant and the deceased, Ernest Ray, both colored boys, had been drinking and quarreling, and a short time before appellant had struck Ray. At the time of the homicide Ray was standing on the concrete pavement facing appellant. Lloyd McCreary…