Dale v. Commonwealth

*511Opinion of the Court by

Judge Thomas —

Affirming.

Upon Ms trial under an indictment in the Perry circuit court charging "him with murdering Odell Petrey, the appellant, James Dale, was convicted and his punishment fixed at confinement in the penitentiary during his life, and to reverse that judgment he prosecutes this appeal.

A brief statement of the substantial facts is: That appellant was arrested by one Leonard Ketchum, a deputy sheriff, on Sunday night before the killing on Monday night, for the offense of having in his possession whiskey, for the purpose of sale, contrary to law, at which…