Music v. Commonwealth

Opinion of the Court by

Judge Thomas —

Affirming.

From a judgment of the Boyd circuit court convicting him of the crime of murder, and fixing his. punishment at death, the appellant, Charles Music, prosecutes this appeal. Defendant’s victim was Charles W. Hatfield, and the killing occurred about twelve-thirty on the night of March 30, 1919. The deceased was a policeman of the city of Ashland, and met his death under the- following circumstances, which are established by the undisputed testimony found in the record.

Sometime near twelve o’clock on the night in quesrtion, the appellant and his…