Kearns v. Commonwealth

Opinion op the Court by

Stanley, Commissioner—

Reversing.

This homicide occurred in an unusual way. In the late evening of May 2,1931, the appellant, Leslie Kearns, his brother, Frank, and three or four other young men were loitering in front of a confectionery in Middlesboro. As Eugene Rosenfield, another young man, went into the restaurant, or as he came out after a few minutes in there, Leslie Kearns addressed him as a “stool pigeon,” but he ignored the remark. Then Kearns called, “Hello you s-of a b-.” Rosenfield paid no attention to him,, and then the appellant called to him, “Hey, you…