Smith v. Commonwealth

Opinion op the Court by

Judge Tilpord-

Affirming.

On the night of November 23, 1940, Edward B. Hite was shot and mortally wounded during an attempted robbery of his grocery store on the northwest corner of Fifth and M Streets in Louisville. In his dying declaration, as related by police officer Robert L. Gregory, from the witness stand, Hite stated:

“Two colored men came into his place, one a tall, light-skinned man, very noticeably light, the other a short dark-skinned man. The dark-skinned man, the short one of the two, said ‘This is.a hold-np, get them up. ’ He said ‘ I raised my hands without…