Vires v. Commonwealth

Opinion op the Court by

Judge Cammack

Reversing.

Alva Yires was charged with the murder of Drew Godsey. Upon his trial he was found guilty of voluntary-manslaughter and sentenced to five years in prison. On this appeal he is insisting that (1) he shot Godsey accidentally and therefore was entitled to a directed verdict, and (2) the court improperly instructed the jury.

Vires said that he and Godsey lived within about a quarter of a mile of each other and had never had any trouble. He said he went hunting about 1:30 or 2:00 in the afternoon. He was carrying a 12 gauge shotgun loaded with buckshot.…