Ray v. Commonwealth

Opinion op the Court by

Stanley, Commissioner

Affirming.

Damon Ray appeals from a judgment of conviction of the killing of Lewis Stepp one evening in April, 1937, at Black Star, Harlan county. These two young men and Hobert (Obe) Helton, and for a while a fourth, had been driving .about all afternoon. The evidence is in irreconcilable conflict as to who was the drunkest. The defendant has insisted that he was entirely sober since he had drunk only a half pint of whisky during the afternoon. As darkness came on, their bantering and playing with one another developed into anger. When the group had…