Asher v. Commonwealth

CULLEN, Commissioner.

Rufus Asher appeals from a judgment sentencing him to life imprisonment upon conviction of the murder of James Mag-gard, who died in Fayette County after having been shot in Leslie County.

The appellant claims that the verdict was flagrantly against the evidence, and also claims error in the instructions and in the admission of evidence.

The shooting occurred in the home of Lige and Ella Asher, parents of Rufus Asher, in Leslie County. Around 15 persons were present in the home at the time. Some of these persons were engaged in drinking bee'r or whiskey, others were playing…