Balee v. Commonwealth

Opinion of the Court by

Chief Justice Hobson

Beversing.

*559On the Saturday evening before Christmas in "December, 1911, Herbert Balee and Horace Kelley, who were both negroes and drinking heavily, were walking out a road leading out of Owensboro. It was about eleven o’clock at night and very dark. They were on their way to the house of an aunt of Horace Balee, where he was going to spend the night. They heard a cart coming up behind them and stopped. "When the horse got up to them, either they stopped the horse or the horse stopped. There were two white men in the cart. One of the negroes walked to…