Patton v. Commonwealth

Opinion op the Court by

Van Sant, Commissioner

Reversing.

In the city of Paris, at about midnight between the 4th and 5th days of December, 1940, appellant,- Troy Patton, shot and fatally wounded Clifton Arnsparger, deputy sheriff of Bourbon county. At the time of the shooting appellant was accompanied by his brother, Dennis Patton. He was indicted for murder on the 10th day of March, 1941, which was the first day of the next regular term of the Bourbon circuit court. On that day he filed motion, supported by affidavit, requesting the regular judge of the court to vacate the bench on the grounds…