Hayes v. Commonwealth

Opinion op the Court By

Drury, Commissioner

Reversing.

Charged by indictment with the murder of Tom Dingus, the appeiíant was found guilty of voluntary manslaughter, and his punishment fixed at imprisonment in the penitentiary for ten years. This homicide occurred about eleven o’clock at night. It appears from the evidence that there had been held in Maytown that night what was termed an old fiddlers’ contest, which lasted until about ten o’clock. After the fiddlers’ contest was over, a number of young- men, including appellant, gathered at the pool room. As appellant started to enter the pool…