JUSTICE v. COM.


608 S.W.2d 74 (1980)

Flem JUSTICE, Jr., Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

November 7, 1980.


Attorney(s) appearing for the Case

Lawrence R. Webster, Pikeville, for appellant.

Steven L. Beshear, Atty. Gen., Guy C. Shearer, Asst. Atty. Gen., Frankfort, for appellee.

Before BREETZ, HOWERTON and WHITE, JJ.


BREETZ, Judge.

A complete recitation of the facts leading up to the shooting with which we are involved is not necessary. It is sufficient to say that appellant was involved in a civil suit with Smith and that Smith had threatened appellant both in the past and moments before the shooting. The last encounter between the two occurred while they were in vehicles headed in opposite directions on the same road. Appellant was alone and driving his own car. Smith was a...

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