Gambrell v. Commonwealth

Opinion op the Court by

Judge Fulton

— Reversing.

The appellants, Tommy Gambrell and Lee' Gambrell, were convicted of the malicious wounding of Charlie Jones. From a judgment sentencing each of them to the penitentiary for a term of 10 years this appeal is. prosecuted.

On a Saturday morning in February, 1939, Jones and Lee Gambrell met up with each other about 9 o ’clock and spent a larger portion of the day together and did considerable drinking. About 4:30 P. M. Jones and Lee Gambrell met Tommy Gambrell who got in an automobile with them, and the three of them started on their way to get Eli…