Smith v. Commonwealth

Opinion op the Court by

Drury, Commissioner

Reversing.

On his trial for the murder of Arthur Leslie, Mercereau Smith, was found guilty of voluntary manslaugh ter, and his punishment fixed at confinement in the penitentiary for 13 years. He has appealed.

This killing occurred on the night of Saturday, September 11,1926. Smith and some others were preparing to leave Johnson county and to secure employment elsewhere. Smith seems to have had some sort of grudge against Arthur Leslie, growing out of the sale of a pistol. He seemed to want to settle this score before leaving. There had been a lot sale…