Sturgeon v. Baker

Stanley, Commissioner

Affirming.

This is an action by the widow and minor child of Marshall Sturgeon to recover damages for his death under the terms of KRS 411.150. It is alleged that on February 29, 1948, the defendant, Phillip Baker, shot and killed Sturgeon “not in his self-defense nor the defense of either of his co-defendants, maliciously and unlawfully.” Fred Baker and Douglas Alexander were charged with aiding and abetting Phillip Baker. The defendants denied the allegations generally and pleaded self-defense. The affirmative plea was traversed. The petition was dismissed as against…