Spicer v. Commonwealth

Opinion op the Court by

Judge- Thomas

Affirming.

Appellant, Seldon Spicer, resided on Tharp’s branch about 400 or 500 yards from where it empties into Cane creek. Late in the afternoon of December 5, 1922, he shot and killed Harve Potter about two-thirds of the way between his residence and Cane creek along which runs a public road, but the hollow running up to his house is winding and one located at the mouth of the branch cannot see it. The same is true at other places between Cane creek and his house. He was indicted by the grand' jury of Breathitt county and charged with murdering Potter and…