Miller v. Commonwealth

Opinion of the Court by

Judge Richardson

Reversing.

The appellant, Walter Miller, was indicted and tried for the crime of willful murder. He was found guilty of voluntary manslaughter, and his punishment fixed at 16 years in the penitentiary. He appeals.

The appellant and his victim.were brothers. The appellant’s wife left her home the evening before the killing and arrived at the home of deceased, Dock Miller, about 8 o’clock in the nighttime. The appellant, carrying a shotgun, appeared at the home of the deceased about noon of the following day, while the family of deceased was eating dinner.…