Cannon v. Commonwealth

Opinion of the Court by

Judge Tilford —

Reversing.

The appellant was convicted of murdering Bill Wilson and sentenced to life imprisonment. The defense was that he shot Wilson under the justifiable belief that it was necessary to do so in order to save his own life. The evidence was such that reasonable men might differ as to whether the homicide was justifiable or felonious.

On the reading of the verdict appellant’s counsel demanded that the jury be polled whereupon, according to the bill of exceptions:

“* * * one of the jurors, viz: Joe Moore, in response to the question; ‘Is that your verdict?’…