Miller v. Commonwealth

Opinion op the Court by

Judge Hannah

Affirming.

John B. Miller was convicted of the crime of wilful murder at the November, 1914, term of the Lee Circuit Court, his punishment being fixed at confinement during life in the penitentiary. He appeals.

On February 5, 1914, defendant and Major Allen, as they claim, started squirrel hunting, the defendant carrying a shotgun. They went to the home of Will Rader, where they met Rhodes Hall, and soon thereafter were joined by Preston Flanery.

The four then went up on a hill near Rader’s house, and Flanery and Hall commenced playing a game of cards known as…