Lovelady Alias Red Lovelady v. State

GRAVES, Judge.

Appellant was charged with the unlawful killing, with malice, of John Brewer, and by the jury assessed the penalty of death.

On the night of December 15, 1945, Mr. Sanders drove home to Lexington, and as he was passing the jail there he saw Mr. Brewer, who was coming towards him with a gun in his right hand and was waving his left hand; when he got to the car Mr. Brewer, who was a night watchman and city marshal, told witness that he was shot; that appellant shot him; that he got appellant’s gun, and witness then heard a noise and looked and saw appellant some distance away.…