Fugate v. Commonwealth

Opinion of the Court by

Judge McCandless

Reversing.

On Sunday, the 8th day of June, 1924, James Gr. Fugate, a deputy sheriff of Powell county, shot and hilled Ben Willoughby. He was indicted, tried, convicted of manslaughter and sentenced to twenty-one years in the penitentiary. The only grounds relied upon for a reversal of the judgment are (1) The admission of incompetent evidence. (2) Error of court in an admonition to defendant’s counsel during the argument of the case.

The facts are: Ben Willoughby, an elderly farmer, entertained his children and their families at a dinner on the day of the…