Deaton v. Commonwealth

Opinion op the Court by

Judge Miller

Affirming.

While in his store on Long’s Creek, a tributary of the Middle Fork of the Kentucky River, and about 20 miles from the town of Jackson, in Breathitt County, Ed Callahan was, on May 4,1912, shot and killed by persons concealed on a wooded hillside in front of his store building, and 156 yards therefrom.

The appellant, D. F. Deaton, commonly called “Fletch” Deaton, and Dan Deaton, James Deaton, Dock Smith, Elisha Smith, Asberry McIntosh, Andrew John*310son, Abe Johnson, Billy Johnson, (Abe’s son) Willie Johnson (John’s son), Grovan Smith, Robert Deaton,…