Daniel v. Commonwealth

(Opinion of the Court by

Judge Thomas

•Affirming’.

Between 5:30 and 6:00 o ’clock on the afternoon of August 12 (Saturday), 1922, Emmett Gilbert was shot near a buggy shed about one hundred yards in front of his dwelling on Cat creek in Powell county. Early the next morning he was carried.to a hospital in Winchester, Kentucky, where he died that afternoon or the next day from the effects of the wound. Appellant, C. C. Daniel, was indicted by the grand jury of Clark county- charging him with the wilful murder of the deceased, Gilbert, and upon his trial he was convicted of the offense of…