McGehee v. Commonwealth

Opinion of the Court by

Judge Miller

Affirming.

On. September 25th, 1916, Tom MeGehee and Taylor McGehee, his grandson, were walking along the public road in front of the residences of Ben Harrison Wells and his son Richard Wells, near Kirkmansville. Tom McGehee was armed with a pistol and two bottles of “white lightning,” from which he and his grandson, Taylor, had been partaking. According to the witnesses for the Commonwealth they were noisy, drunk and cursing; and Tom McGehee admits that when he was 150 yards from the house he shouted “whopee” a time or two, and shot at a sapling.

After they…