Fleming v. Commonwealth

Opinion of the Court by

Judge Fulton

Reversing.

About dusk on March 3, 1937, three persons, Mr. and Mrs. Dayton Duvall and Dakota Stapleton, were walking south on the right side of Highway U. S. 23 in the village of Harold which is located between Prestons-burg and Pikeville. Stapleton was not with the Duvalls but was some few feet north of them. The appellant, Ed Fleming, was driving a truck on the highway traveling in the same direction in which these persons were walking and drove the truck against them, killing Sta-pleton and Mr. Duvall and injuring Mrs. Duvall seriously. As a result of a…