Forman v. Commonwealth

Opinion of the Court by

Commissioner Hobson

Reversing.

James T. Forman was indicted for the murder of Bert Clark. He was found guilty, and his punishment fixed at life imprisonment. He appeals.

The facts as shown by the commonwealth, by one witness, are these: Bert Clark was in the Y at Lynch, Ky., talking with Walter Atkins, who was sitting at a table there. The first that Atkins heard was a shot. He looked up, and Tucker was standing rather behind him with a gun in his hand. Clark turned to' go, and, as he went, Tucker shot a second time; Clark threw up both his hands and told him not to shoot…