Frashure v. Commonwealth

Opinion of the Court by

Judge Hurt

Reversing.

This is the second appeal of this case. The opinion of the court upon the former appeal- may be found in *245169 Ky. 620, wherein all of the facts of the case are stated, and reference is made to it, now, for the facts in detail. The appellant is accused of having murdered his niece by striking her upon the' head with some character of sharp instrument, which rendered her insensible and from the state of insensibility she never recovered. The attack, which resulted in her death, took place upon a road near Olive Hill, and in the absence of any…