Avery v. Commonwealth

Opinion of the Court; by

Judge Logan

Reversing.

The appellant was seen in an alley in the city of Ash-land talking with other people. A witness for the commonwealth testified that appellant was engaged in some scuffle or fight with another person when witness saw a pistol fall out of his hip pocket. Witness was some distance away, but he was positive in his statement that the pistol fell out of the right hip pocket of appellant onto the brick pavement. The witness proceeded to the point where he had seen the pistol fall and picked it up, examined it, found that it was a 32 Colt’s automatic,…