Turner v. Commonwealth

Opinion of the Court by

Morris, Commissioner—

Reversing.

Appellant was indicted for the offense of willfully and feloniously striking Robert Redman with a deadly weapon. Ky. Stats, sec. 1166. He was found guilty and his punishment fixed at confinement in the penitentiary for two years.

The appellant operated a gasoline station in Harlan county, and as an adjunct maintained a dispensary for the sale of intoxicating liquors. On the night of an undisclosed date, but within twelve months before the return of the true bill, Redman with his wife and a man by the name of Raines went to appellant’s place…