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MERRIFIELD v. COMMONWEALTH

268 S.W.2d 405 (1954)

MERRIFIELD v. COMMONWEALTH.

Court of Appeals of Kentucky.

Rehearing Denied June 18, 1954.

Attorney(s) appearing for the Case

George R. Ambro, William A. Shumate, Louisville, for appellant.

A. Scott Hamilton, Commonwealth Atty., Laurence Higgins, Carl Ousley, Jr., Asst. Commonwealth Attys., Louisville, J. D. Buckman, Atty. Gen., Zeb. A. Stewart, Asst. Atty. Gen., for appellee.

CULLEN, Commissioner.

Chester Merrifield appeals from a judgment sentencing him to death upon conviction of murder.

Around midnight on November 7, 1952, Merrifield, with his wife, brother-in-law and a lady friend of the latter, were at the Stork Club, a roadhouse near Louisville. The brother-in-law became involved in an altercation, which developed into a full-fledged fight outside of the club. As the fight was going on, two county policemen, driving by in...

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