Hubbard v. Commonwealth

This case is here upon a writ of error to a judgment of the Circuit Court of York county, entered on June 1, 1949, wherein the defendant, Douglas D. Hubbard, was sentenced to five years in the penitentiary, pursuant to a verdict of the jury finding him guilty of murder in the second degree.

On Saturday afternoon, January 15, 1949, James W. Montague, while hunting in York county, Virginia, was shot by the defendant, Douglas D. Hubbard, and died shortly after his removal to a hospital. Hubbard admitted the homicide; but claimed, upon his trial, that he acted in self-defense.

James W. Montague, a…