Yates v. Commonwealth

*553Opinion op the Court bí

Judge McCandless —

Reversing.

'Will Yates was indicted on the charge of murder and convicted of manslaughter, his punishment being fixed at twenty-one years in the penitentiary.

He was a tenant on a farm, living with his nine children, the oldest of whom was about grown. A path ran from the county road up a hollow by his house, and into a gap on the mountain. The latter place, known as Polly Ann gap, was a rendezvous for fox hunters, and the path a convenient wav to reach it.

A week before the homicide, the deceased, Add Wilcox, was returning with a party from a fox chase…