Leigh v. Commonwealth

EDWARD P. HILL, Jr., Judge.

This appeal is from a judgment of the Kenton Circuit Court after a jury trial finding appellant guilty of wilful murder and imposing the death sentence.

In the evening hours of October 25, 1969, Charles Oelsner was shot and killed at his liquor store in Covington, Kentucky, during an attempted armed robbery by two Negro men. There were two eyewitnesses present in the store, Mrs. Charles Oelsner and Mrs. Dorothy Deitz, who testified that the appellant, Leigh, fired the shot that killed Mr. Oelsner. In addition, Leigh’s accomplice, Lovelace, testified that Leigh fired…