Maggard v. Commonwealth

Opinion of the Court by

Drury, Commissioner

Reversing.

On November 25, 1927, James Maggard shot and killed William Bowen. Upon Ms trial nnder an indict*11ment for murder he was found guilty of manslaughter, and his punishment fixed at two years in the penitentiary. He has appealed.

Maggard was a deputy sheriff, and claims he was pursuing Bowen in an effort to arrest him under a warrant for illegal possession of whisky. He fired his pistol twice, and called to Bowen to halt, but Bowen heeded not. He says he overtook and got in front of Bowen, that Bowen dismounted, got behind his mule, drew his…