Johnston v. Commonwealth

Opinion of the Court by

Stanley, Commissioner

Reversing.

The appeal is from a conviction of murder and sentence of death.

The appellant, Miller O. Johnston, is a native of Garrard County. When a child the wheels of a wagon ran over his head and inflicted injuries which caused the loss of the sight in one eye. He had married early in life. After he lost his farm, about the year 1924, he became an itinerant evangelist, holding services in tents or tabernacles. In recent years he has been unattached to any religious denomination. He and his family lived in Lexington several years before the tragedy.…