Bates v. Commonwealth

Opinion op the Court by

Commissioner Tinsley—

Affirming.

The appellant, Sam Bates; -the prosecuting witness, L. 0. Jobe, and one Greeter English met' at the mining camp of the Cameo Mining Company, in Letcher county, on a Saturday afternoon, where a difficulty arose between them. Bates fired two shots during the difficulty. Jobe and English claim that these shots were fired at them, while Bates claimd he fired at a “chunk” lying on the ground between them. In the ensuing scuffle, Jobe knocked the pistol from Bates’ hand, and English grabbed Bates, and Jobe secured the pistol and fired a shot at…