SMITH v. COMMONWEALTH


375 S.W.2d 242 (1963)

Johnnie SMITH, Jr., Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

As Modified on Denial of Rehearing February 14, 1964.


Attorney(s) appearing for the Case

Frank G. Gilliam, E. Lawson King, Lexington, for appellant.

John B. Breckinridge, Atty. Gen., Frankfort, for appellee.


CULLEN, Commissioner.

Johnnie Smith, Jr., appeals from a judgment imposing a death sentence pursuant to a verdict finding him guilty of murder in killing with a knife his aunt by marriage. The sufficiency of the evidence to sustain the conviction is not questioned so it will be unnecessary in this opinion to state the circumstances of the killing. The appellant asserts 10 grounds of error, which we shall consider in the order in which they are set forth in the brief...

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