Matthews v. Commonwealth

Opinion of the Court by

Judge Ratliff

Affirming.

James Matthews was indicted and convicted in the McCreary circuit court for the willful murder of Cleve Spradlin, and his penalty fixed at death. He appeals.

It appears that the decedent left his home on the morning of the homicide at about 4:30 a. m., had worked all day in the mines and quit work at about 5 o’clock p. m., and started home with some of his fellow workers. At a point on Trace Branch he left his companions and turned off on a path leading* across the hill to his home — the usual route of his travel to and from his work. He^ was fully…