Johnson v. Commonwealth

Judge Rees

Reversing.

Homer Johnson and Paul Johnson appeal from a judgment convicting them of the crime of voluntary manslaughter, and fixing the punishment of each at imprisonment for a term of eighteen years and one day.

Appellants shot and killed Millard Sizemore near a filling station on Pine Mountain in Harlan County on October 9, 1947. The deceased was hauling lumber over the mountain on a truck and, according to the evidence for the Commonwealth, Homer Johnson approached the truck when it stopped at the filling station. The truck started forward and Homer Johnson drew a pistol and fired…