Lucas v. Commonwealth

Opinion op the Court by

Commissioner Stanley—

Affirming.

Under an indictment charging the appellant, John Lucas, with willful murder of Joe Bates, he has been convicted of voluntary manslaughter and his punishment fixed at two years in the penitentiary.

Appellant was the next door neighbor and friend of the deceased, who kept a general store in a village in Letcher county. The appellant was drunk the evening of the homicide, and the proof of the commonwealth tends to show that he was rather boisterous. About 10 o’clock that night he called Bates from his home to go to the store and get him a…