Harvey v. Commonwealth

Opinion of the Court by

Creal, Commissioner

Reversing.

Under an indictment charging Sherman Harvey, Ora Harvey, and Drewry Miller with the murder of Flint McIntosh, the former has been found guilty of voluntary manslaughter and is appealing.

As grounds for reversal it is first argued that in-, structions No. 5 and No. 6 are erroneous and prejudicial. The Attorney General with commendable frankness admits that the self-defense instruction is erroneous because of the use therein of the words, “and -it further reasonably appeared to him that the only reasonably safe means of protecting himself or…