Pennington v. Commonwealth

Opinion op the Court by

Commissioner Tinsley

Affirming.

Ray Pennington was convicted in the Perry circuit court of the crime of murder and sentenced to the penitentiary for life. He seeks a reversal of the judgment against him on three grounds: (1) That he was entitled to a peremptory instruction; (2) that the verdict is palpably against the evidence; and (3) that instructions given to the jury are erroneous.

On December 23, 1928, between 6 and 7 p. m., appellant, with two companions, was walking along the railroad track at Jeff, a station on the Louisville & Nashville Railroad in Perry county.…