Cooper v. Commonwealth

CULLEN, Commissioner.

Thomas Cooper shot and killed his brother Ernest with a .22 rifle. He was indicted for murder, convicted of voluntary manslaughter, and' sentenced to 21 years in the penitentiary.

He appeals, claiming two grounds of error. The first ground is that the verdict was flagrantly against the evidence, on the theory that the evidence established that he shot in self-defense.

The shooting took place in the family dwelling in Louisville, in the second room from the front of the house, which is referred to as the bedroom. This room had an outside door, opening onto a walkway which…