Lee v. Commonwealth

Opinion of the Court by

Judge Thomas

Eeversing.

In the late afternoon of November 19, 1946, appellant, Noah Lee, shot and killed Lee Ballard on appellant’s premises in Powell County, which he had lately purchased from the Angel heirs. Mrs. Angel, the widow, married the deceased following her first husband’s death.

The purchase of the tract by appellant was at public auction and the auctioneer testified that there were certain articles of personal property excluded from the sale, as well as the right of pasturage on a certain field until the first of the following January. The deceased with his…