Smith v. Commonwealth

Opinion of the Court by

Judge Nunn-

— Affirming.

The appellant asks a reversal of a .-judgment sentencing him to twenty-one years in the State penitentiary for the murder of Jack Irwin. The homicide occurred a little after dark on the evening of October 8, 1909, on a public road in Hardin county, on which the appellant was walking and the deceased riding in a wagon. There were no immediate eye witnesses to the killing, except the parties engaged in the conflict.

It is the theory of the Commonwealth that the appellant when he met the deceased, without excuse or provocation fired the shot that…