Kelly v. Commonwealth

Opinion op the 'Court by

Stanley, Commissioner—

Reversing.

The appeal by Boyd Kelly is from a judgment sentencing him to the penitentiary for thirteen years for the killing of Fred Lewis. He is the uncle of the deceased’s mother, and the men had always been intimate associates and friends. About 10 o’clock on the night of June 20, 1933, according to the defendant, he came across Lewis intoxicated downtown in Harlan and persuaded him to go home, and Lewis agreed if Kelly would go with him. They started, but instead of going home Lewis drove to the home of Mrs. Myrtle Sizemore for the apparent…