Hall v. Commonwealth

Opinion of the Court by

Crear, Commissioner—

Affirming.

Monroe Hall and Ed Gayhart were jointly indicted in the Floyd circuit court for the murder of Don Stephens, and, on separate trial, the former was convicted of manslaughter, and his punishment fixed at imprisonment for two years. He has appealed.

As grounds for reversal, his attorneys argue that the court erred in instructing the jury, and that the verdict is flagrantly against the evidence.

Instruction No. 4 on the right of self-defense is the only one called in question. It is vigorously argued that, by the use of the word “avoiding,” the…