Kennedy v. Commonwealth

Response by

Judge Coper:

The commonwealth introduced a witness who testified that he was talking to deceased when he (the witness), saw the appellant within a few steps with his pistol leveled; that he (the witness) jumped to one side and aimed to say and believed he did say, “Grover, don’t”; and that the appellant fired and the deceased fell. It appeared in evidence that the deceased had lost! one eye. The witness stated the position of the parties with respect to obj ects on the ground and the direction in which the face of the deceased was turned. On cross-examination the witness stated that…