Moss v. Commonwealth

MONTGOMERY, Chief Justice.

Kelly Moss received a death sentence for the murder of Charles Abbitt. The bases urged for reversal are: (1) Admission of incompetent evidence; (2) insufficiency of the evidence; and (3) improper denial of a new trial.

Charles Abbitt was found dead in the kitchen of his home in Henderson on November 6, 1957. Eight ribs in his left side were broken. The bridge of his nose and the hyroid (sic) bone (hyoid cartilage) were fractured. The head was extensively braised, with multiple lacerations of the scalp and extensive hemorrhage beneath the scalp and in the cranial…