Deacon v. Commonwealth

OPINION OF THE COURT BY

WlLLIAM ROGERS CLAY, Commissioner

Affirming.

Appellant, Herman Deacon, who was convicted of the murder of Robert Nell, and given a life sentence, seeks a reversal of the judgment on several grounds.

The facts are these: Appellant had been paying attention to Mrs. Cravens, a daughter of Nell. On April 6. 1913, appellant went to Nell’s home in company with Mrs. Cravens and a Miss VanMeter. After ordering his daughter into the house, Nell cursed and assaulted appellant and ran him off the premises. At the same time he threatened to kill appellant. Later on he manifested…