Neal v. Commonwealth

Opinion op the Court by

Commissioner Hobson

Reversing.

C. W. Neal was a deputy constable in Boyd county. He was indicted for the murder of Millard Walker. On the trial of the case he was found guilty of manslaughter and his punishment fixed at 21 years’ imprisonment. He appeals.

The facts shown by the commonwealth on the trial are these: James Walker lived on a road leading up Catlett’s creek. Neal lived about a hundred feet from Walker, and James Triplett lived about a hundred feet from Neal; the three houses fronting on the road. On Saturday evening Millard Walker, who was temporarily staying…