Thomas v. Commonwealth

*227Opinion of the Court by

Judge Quin

Affirming.

Appellant was indicted for the wilful murder of Bichard Johnson, and upon a trial was found guilty and his punishment fixed at death.

He was employed in the mines at Benham, Ky., in the capacity of a motorman, and on Sunday, April 6, 1919, the day of the killing, he had been with his wife to visit some relatives in the community. They started for their home about 6 o’clock in the evening; appellant stopped at the home of some foreigners and purchased four bottles of a substance called “julep,” by some referred to as wine or cider; he continued his way…