Thompson v. Commonwealth

Opinion of the Court by

Turner, Commissioner

Reversing.

Appellant, under indictment for malicious shooting and wounding Mellon, an officer, was convicted, and his punishment fixed at three years’ imprisonment.

Mellon, a deputy sheriff, and Burchett, another officer, went to the home of Wes Thompson, some distance from the county seat, with a capias for him and his son Burrell Thompson. Burrell Thompson was placed under arrest by Mellon shortly after their arrival at the home. Burrell had not eaten his dinner, but was permitted by the officer to do so. The prisoner complained that he had no way to…