Fugate v. Commonwealth

Opinion óf the Court by

Judge Clay

Beversing.

Sol Noble was shot and killed in Perry county on October 2, 1922. Grover Fugate, Jake Fugate, his brother, and Pot Napier were jointly indicted for the crime. On a separate trial Grover Fugate was found guilty and his punishment fixed at death. From the judgment based on the verdict this'appeal is prosecuted.

Appellant and the deceased both lived on Leather-wood creek in Breathitt county, four or five miles apart. Some years prior'to the homicide appellant killed the son of the deceased. He was convicted and sentenced to' the penitentiary, but before…