Morris v. Commonwealth

Opinion of the Court by

Van Sant, Commissioner

—Reversing.

Appellant lived with his father, Wash Morris, near the “Sheep Lot’ - outside but near the limits of the City of Monticello, in Wayne County. In the late afternoon of December 22, 1946, appellant,' with two companions, was in the Sheep Lot drinking intoxicating liquor. J. J. Gibson, Sheriff of Wayne County, and a city policeman, approached them, and appellant fled toward his home. Gibson pursued him, and when within 20 or 30 feet of the Morris residence, was shot from ambush. The bullet entered the Sheriff’s mouth, causing instant death.…