321 S.W.2d 39 (1950)

Virgil COUCH, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

February 13, 1959.

Attorney(s) appearing for the Case

Isaac Turner, Hyden, for appellant.

Jo M. Ferguson, Atty. Gen., David Sebree, Asst. Atty. Gen., for appellee.

STANLEY, Commissioner.

A group of young men and women were having a moonshine drinking party at the mouth of the Old House Hollow Branch on the afternoon of July 28, 1957. Jim Nantz, who lived up the hollow, heard about the party and joined it. He brought along his 22 rifle and a bottle of liquor as his contribution to the gaiety. There is some evidence that he had several hundred dollars on his person. Virgil Couch had assaulted Joe Ward with his fist. Jim Nantz...

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