Smith v. Commonwealth

Opinion op the 'Court bt

Judge Eatlipp

Affirming.

Appellant was tried and convicted in the Lyon circuit court for the willful murder of Clayton Sloan and his punishment fixed at death. He appeals.

Appellant and Sloan, the deceased, were prisoners confined in the penitentiary at Eddyville, Ky., and were ■cellmates.

The homicide occurred on the 13th day of June, .1938, at about six o’clock P. M. in the cell where appellant and deceased were confined.

Euless Eedden, who was also a prisoner, was the only eye-witness to the tragedy. He testified that he was out on the walkway where he could see in the…