Walls v. Commonwealth
78 S.W.2d 322 | Ky. Ct. App. | 1935
Affirming.
Just after nightfall of Thanksgiving Day, 1933, Hurshall Walls slew Leyburn Stevens by shooting him with a pistol. Walls and three others were indicted for murder, and on his separate trial Walls was convicted of manslaughter, his punishment fixed at two years in the penitentiary, and he has appealed.
Walls admits the killing and pleads self-defense. Stevens and Walls had been in a difficulty and Stevens had shot Walls in one of his toes, but Stevens had been disarmed when he was shot and, when asked why he shot him when he did, Walls said: "I was afraid he would take my pistol, and shoot me again." After such a puny excuse, the conviction of Walls is no surprise. Upon this appeal Walls relies upon the following for reversal: