Phillips v. Commonwealth

Opinion op the Court by

Commissioner Hobson—

Affirming.

On Sunday, November 27, 1927, Lewis Phillips shot and killed Hobart Combs at Scuddy, a mining town on Carr’s fork, in Perry county. He was indicted for willful murder and on trial of the case was found guilty, and his punishment was fixed at life imprisonment. He appeals.

It is first insisted on the appeal that the verdict is palpably against the evidence. The facts shown by the commonwealth are these: Hobart Combs was a merchant, . and also the postmaster. His dwelling house was three doors from his store. He and his wife about 4 o’clock…