Smith v. Commonwealth

Opinion op the Court by

Commissioner Stanley

Affirming.

On Sunday afternoon, July 29, 1928, the appellant, Asberry Smith, 18 years old, hilled Andy Mays near •Junior Hall on Long’s creek, in Breathitt county. He was found guilty of murder, and his punishment fixed at life imprisonment.

Since one of the grounds relied on for a reversal of the judgment is that the verdict is flagrantly against the •evidence, the facts must be stated in some detail.

The substance of the evidence introduced by the commonwealth was that Andy Mays and several companions went to Junior Hall that morning to attend church…