Austin v. Commonwealth

Opinion of the Court by

Judge Richardson—

Affirming.

On an indictment charging the crime of murder alleged to have been committed by the shooting and killing of Homer Fitch, on a trial before a jury, Andrew and Eugene Austin were convicted of the crime of voluntary manslaughter and each sentenced to the state reformatory for a period of seven years.

The court admitted in behalf of the commonwealth the testimony of witnesses identifying a conversation by telephone of Andrew Austin with his wife concerning Eugene and Charles Austin, their sons, going to the premises of James Fitch to repair a…