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235 Ky. 85

29 S.W.2d 632

Saylor v. Commonwealth

Court of Appeals of Kentucky (pre-1976) · decided 1930-06-20

Good law ✅— No negative treatment on recordhow we know

Decided 1930-06-20

How this case has been cited

Cited by 3 later decisions — most recently May 1970

3 state decisions

1019301940195019601970decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1 Opinion op the Court by

Judge Logan

¶2 Affirming.

¶3 This is a companion case to that of Dennie Saylor v. Commonwealth 28 S. W. (2d) —, this day decided. He was convicted for killing Lee Gibson in the other case, while he was convicted on this record for killing Bernie Gibson. There is no material difference in the facts. It is true that no one saw appellant shoot Bernie Gibson, but the evidence tends to show that he was the only man with a pistol, and that he was shooting the others when Wayne Wheeler fled, and the four people who were slain were found dead in the same field a short while thereafter. No empty cartridges were found and no pistol was found on any of the dead bodies, or anywhere in the *86 field where they were tilled. Wayne Hanna, the eyewitness for the commonwealth, was wounded and became unconscious before the tragedy was fully completed, but no pistol was- found on, or about, him. The circumstances were such as to authorize the jury to reach the conclusion that appellant did the killing, but, as said in the other case, the whole affair is one of mystery. For the same reasons pointed out in the other opinion, we have reached the conclusion that appellant is not entitled to a reversal of the judgment.

¶4 Judgment affirmed.

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