Shoupe v. Commonwealth

Opinion of the Court by

Judge Oammack

Reversing.

Robert Shoupe, Needham Saylor, Dempsey Saylor ■and Maliala Gross were seated in a booth in a road bouse known as tbe “country club” in Bell County shortly before 9 a. m. on the morning of July 3, 1938. All of the parties were drinking. Shoupe and Needham Saylor had been drinking most of the previous night. Shoupe was ¡seated on one side of the table with one foot placed on 'the bench across from him. The Saylors were sitting ■across from Shoupe and Mahala was sitting on that side ■of the table. A shot from a pistol in the possession of ■Shoupe…