Updike v. Commonwealth

On March 19, 1945, Alexander Updike was indicted for murder charged to have been committed on January 15, 1945. He was tried on that indictment on March 21, 1945, by a jury which found him guilty of voluntary manslaughter and fixed his punishment at three years’ confinement in the penitentiary. That judgment is now before us on a writ of error.

On the afternoon of. January 15, 1945, the accused went to Slaton’s filling station located at Motley. Shortly thereafter came Mott Short. These two drank some wine and beer there. Later, about seven o’clock in the evening came *864Roger Wilkes. Wilkes said…