Bailey v. Commonwealth

Opinion of the Court bt

Judge Ratliff

— Affirming.

The appellant, Oscar Bailey, was indicted and tried in the Mercer circuit court for the murder of Garnett Leonard, convicted of manslaughter, and sentenced to the penitentiary for a term of sixteen years. He has appealed from that judgment, insisting on a reversal upon the sole ground that the court erred in refusing to permit appellant to testify as to his knowledge of the-habit of deceased in going armed or carrying a pistol.

It appears that on the afternoon of July 29, 1937, the appellant and deceased met in a taproom in Harrodsburg, Ky.,…