Black v. Commonwealth

Opinion op the Court by

Judge Willis

— Reversing.

Joe Shell Black was indicted for the murder of Elva McGowan, convicted of voluntary manslaughter, and condemned to serve a term of five years in the penitentiary. He has prosecuted an appeal, insisting that numerous errors intervened at the trial to the prejudice of his substantial rights.

The first complaint concerns the instructions. The criticism is that the court failed to include an offered instruction defining the right of the appellant to kill an intruder in his home, or, in ejecting him therefrom. The evidence in the case did not call for…