Barton v. Commonwealth

Opinion op the Court by

Judge Richardson

Affirming.

Troy Adams was a deputy sheriff in Knott county, Ky., residing at Anco, one-half mile from Sassafras. Prior to the 5th day of March, 1934, he received for execution a subpoena for Chester Brown as a witness in a justice’s court. On the morning of that day, he, with his father, Lindsey Collins and Tug Engle, left his home in his car to go to Sassafras; his purpose was to serve the subpoena on Brown, who resided at Sassafras.

Arriving at Sassafras, Collins and Troy’s father went in Huck Smith’s store. In a few minutes Troy came in and remained…