Upton v. Commonwealth

George W. Upton, plaintiff in error, has been found guilty of maliciously shooting one James Carter and has been sentenced to serve a year in the penitentiary.

Upton was a farmer and woodcutter and lived some several miles south of South Hill. He owned both a truck and an automobile. On Saturday afternoon, October 9, 1937, Upton left home for South Hill in his truck, taking with him several employees. At about eight o’clock he stopped at Matthew Valentine’s service station to purchase a soft drink. This station is located approximately one mile south from where Upton’s lane enters the highway,…