Stacy v. Commonwealth

DUNCAN, Justice.

Under an indictment charging willful murder, the appellant was convicted of voluntary manslaughter and his punishment fixed at imprisonment for a period of fifteen years. Upon this appeal, it is insisted that the judgment should be reversed because: (1) Appellant was entitled to a peremptory instruction; (2) The instructions to the jury were erroneous; and (3) Incompetent evidence was admitted over the objection of appellant.

On the night of August 27, 1949, the deceased, Avery Abshire, in company with Wayne Bishop and Lester Lee Matney, went to the home of K. B. Miller on Feds…