Whitehead v. Commonwealth

Opinion of the Court by

Turner, Commissioner

Affirming.

Appellant was charged with the murder of W. H. Day. On his trial he was found guilty and sentenced to confinement in the penitentiary for life, and from that judgment appeals.

Day’s son had previously shot and killed the son of defendant, and the latter had caused a vigorous prosecution of young Day which resulted in his conviction. Thenceforward there was bitter animosity between the appellant and W. H. Day, and there were threats by Day against appellant, some of which appear to have been communicated to him.

¡On the 27th of September,…