Justice v. Commonwealth

Opinion op the Court by

Judge Logan

Affirming.

Claredy Kinney was killed by the appellant, Fred Justice. The killing took place at the home of McKinley Gillespie in February, 1926. Appellant with Robert Turner came to the home of Gillespie and walked into his room uninvited. Gillespie had a pistol buckled around him which he had won from Robert Turner. At the time of their entry Gillespie was engaged in looking after his brother-in-law, James Kinney, who was drunk. When Justice came into the room he attempted to get the pistol which Gillespie had buckled around him, and in the ensuing scuffle…