Gill v. Commonwealth

Opinion op the Court by

Commissioner Stanley

Reversing.

The appellants, Eric Gosney and John Gill, upon their joint trial were convicted of manslaughter, and both sentenced to ten years in the penitentiary. The scene of the homicide was a so-called soft drink stand at the edge of Newport, which had formerly been conducted as a licensed saloon. It occurred during the evening of November 11, 1928.

The deceased, Bill Ewing, came in boisterously drunk and took a few more drinks. He was a large and powerful man. Eric Gosney was employed as a bartender, and Ewing asked where he was and was told he had…