Daugherty v. Commonwealth

Opinion op the Court by

Chiep Justice Hobson—

Affirming.

J. W. Daugherty was indicted in the Boyle Circuit Court for the murder of James Anderson. On a trial of the case he was found guilty as charged and his punishment fixed at imprisonment in the penitentiary for life. He appeals.

The first question made on the appeal is that the court erred' in giving any instruction on murder and that there are no facts in the record from which the jury could reasonably conclude that the defendant was guilty of murder.

The killing occurred between nine and ten o’clock at night on the pike leading into Danville…