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The clipping this text was read from
The clipping this text was read from

mr. race, ne saia, oDservea Mr. Selvage shoot up the mountain, go directly up and find Mr. Gray’s body, and exclaim ‘Oh, my God, I’ve shot a man.’ Mr. Knott testified that Mr. Selvage told him that he might have shot him. Jim Bankston said he asked, ‘Why me?’. And the defendant was candid on the stand: he thought that he shot the man.”

“The unfortunate truth,” Mr. Luke continued, “the Commonwealth believes in this case, is that he did shoot the man. There are no other circumstances which fit.”

“If there had been any great culpability, the charge would have been manslaughter ... It was dusk . . . Mr. Price testified that he put his gun up, but there wasn’t enough sight to fire — it’s unfortunate that Mr. Selvage did not show the same judgement . . . He knew his round could travel miles; he knew he couldn’t tell what was behind him.

“Mr. Gray was shot by accident —a reckless accident. . . he’d be alive today if Mr. Selvage had not squeezed off a round at dusk.”

Addressing the testimony of the defense’s expert witnesses, Mr. Luke said, “I’m not sure what it proves ... no one can say what happened to that bullet.” The powder residue, he said, “is unusual, rare to see at such a distance — but not impossible.”

“Is it reckless,” he concluded, “to go out under these circumstances and fire a shot, not knowing the background? You can’t take a life and come in and say ‘I didn’t know he was back there.’ I feel sorry -r- I think if he had it to do over — he would not pull the trigger.”

Mr. Fletcher concentrated his closing argument on the questions raised by the expert testimony, adding, “I’ve not many disagreements with Mr. Luke.”

Jim Bankston, he pointed out, had to get down almost on his knees to see Mr. Selvage when he was

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