Thomason v. Commonwealth

Russell 0. Thomason, indicted for the murder of Clyde Wilson Kirk, has been found guilty by a jury of murder in the second deg’ree, and his punishment fixed at five years confinement in the penitentiary.

The principal assignment of error is that the evidence is not sufficient to sustain the verdict.

Both the accused and the deceased were middle-aged married men. About ten years prior to the homicide they had lived as next-door neighbors. Thomason’s attentions to Mrs. Kirk ended the friendly relations of the two men and they had not spoken to each other for a number of years. There is evidence…