Warren v. Commonwealth

Opinion op the Court by

Judge O’Rear

Affirming.

This appeal is prosecuted from a verdict and judgment of guilty, fixing the maximum punishment, under an indictment for murder.

Appellant was confined in the State penitentiary at Frankfort. He and some fellow prisoners engaged in a game of craps. He and Belville Radcliffe, one of the prisoners, had a dispute over a few cents involved in the game. That was on Sunday. On Monday morning while the prisoners were being marched in to 'breakfast appellant claims that Radcliffe looked hard at him, but nothing was said. After breakfast, as the prisoners…