JOSEPH v. COMMONWEALTH


262 S.W.2d 673 (1953)

JOSEPH v. COMMONWEALTH.

Court of Appeals of Kentucky.

December 4, 1953.


Attorney(s) appearing for the Case

Dan Martin, Hindman, O. J. Cockrell, Jackson, for appellant.

J. D. Buckman, Atty. Gen., Zeb A. Stewart, Asst. Atty. Gen., for appellee.


STANLEY, Commissioner.

The appellant, Clyde Joseph, shot and killed his uncle, Hager Joseph, on the afternoon of Sunday, July 26, 1952. He was convicted of voluntary manslaughter and sentenced to five years imprisonment.

The parties and their families lived as neighbors on Half Mountain Creek in Magoffin County where the deceased ran a store in his home. It appears that all had been friendly until that day. The deceased and other men had visited a moonshine...

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