Brown v. Commonwealth

Opinion op the Court by

Judge Clay

Affirming.

On May 30, 1921, Dave Brown shot and killed Jim Brumfield in Pike county. On his examining trial he was held to await the action of the grand jury. An indictment charging him with the crime of murder was returned on September 14th ,and the case was set for trial on September 27th. The jury found him guilty and fixed his punishment at death. He appeals.

The facts are as follows: Some time prior to the homicide appellant hoarded with Brumfield and wife, who then lived in West Virginia. Appellant left West Virginia, came to Kentucky and took up his…