Turley v. Commonwealth

Opinion of the Court by

Morris, Commissioner

Reversing.

Turley was charged with carrying concealed a deadly weapon, an offense denounced by Sec. 435.230, KRS. The jury returned a verdict of guilty, fixing punishment at confinement in the Reformatory for two years. On’ appeal it is contended that the court erroneously failed to give a tendered instruction presenting his defense.

A witness testified that she saw Turley on the highway and he went down in his clothes “and came out with a pistol. I don’t know where he got it. His jacket was open. He went inside and came ont with, it.” Another witness…