Cook v. Commonwealth

*677Opinion by

Judge Hargis:

The appellant, Cook, was tried upon an indictment for the murder of AYarren Miller, and convicted and sentenced to the penitentiary for life, from which he prosecutes this appeal.

The evidence tends to prove that appellant and Smith were playing ten-pins, on New Year’s day, against the deceased and Williams, and when the game was concluded the appellant claimed that Williams owed him fifty cents he had won on the game. Williams denied it and they denounced each other as liars, and Williams asked Smith for a pistol to “shoot the d-d s — n of a b — .—h,” and appellant said…