Ellison v. Commonwealth

Opinion op the Court by

Judge Thomas

Affirming.

On and prior to Sunday, June 28, 1936, the appellant and defendant below, Harvey Ellison, operated in the village of Waynesburg, Lincoln county, Ky., a soft drink stand at which beer and nonalcoholic drinks were dispensed. Somewhere near noon on that day’ he shot and killed with a pistol Mack Steele, and was later indicted by the grand jury of the county in which he was accused of murdering Steele. At his trial thereunder on a plea of not guilty he was convicted of voluntary manslaughter and punished by confinement in the penitentiary for two…