Christie v. Commonwealth

• Decision Date: 21 February 1922
• Parties: CHRISTIE v. COMMONWEALTH.
• Court: Kentucky Court of Appeals

237 S.W. 660

193 Ky. 799

CHRISTIE v. COMMONWEALTH.

Court of Appeals of Kentucky.

February 21, 1922

Appeal from Circuit Court, Marion County.

J. H Christie was convicted of aiding and abetting in malicious shooting with intent to kill, and appeals. Affirmed.

Sam T Spalding and S. A. Russell, both of Lebanon, for appellant.

Chas I. Dawson, Atty. Gen., and Thos. B. McGregor, Asst. Atty Gen., for the Commonwealth.

CLAY J.

J. H. Christie was convicted of aiding and abetting Dan McChord in the malicious shooting of Willie Vessells with intent to kill him, and his punishment fixed at confinement in the penitentiary for one year. He appeals.

In the afternoon of July 25, 1919, Dan McChord, who had been repairing an automobile belonging to Christie, went with Christie to the garage of Lewis & Drye, in Lebanon, to purchase a horn for the machine. After purchasing the horn, McChord and Christie returned to the garage of Fugazzi, where McChord had been repairing the machine, for the purpose of obtaining a drill to bore holes in which to attach the horn to the machine. In the meantime, Fugazzi had left with the drill, and McChord and Christie then returned to Lewis & Drye's garage for the purpose of using their drill. At that time, the electric current was cut off, and McChord, who had formerly worked for Lewis & Drye, obtained permission to take the car to the repair shop and use the firm's tools for the purpose of fixing the machine, so that the horn could be attached. The car was then driven from the street, through an alley, to the rear of the garage, where the repair shop was located. Oscar Kemp, the foreman of the shop, was just closing the door next the alley; it then being a few minutes after 6 o'clock, which was quitting time. Kemp remained for a few minutes and then left. Willie Vessells, who had been out in town buying cigarettes, returned to the shop. Vessells was a mechanic, and was in charge of the shop during the absence of the foreman. Vessells objected to the manner in which McChord was using some of the tools, and this led to an exchange of words between them. Vessells told McChord that he would have to get out. McChord questioned Vessells' authority and said that he would like to see a man of Vessells' caliber put him out. According to the evidence for the commonwealth, Vessells informed him that he was going to see if he could not get him out. Christie and McChord say that Vessells said that he was going to get something to put McChord away with. As soon as Vessells left for the office, McChord told Christie that he knew they kept a pistol in the office, and that Vessells had gone for the pistol to shoot him, and asked Christie to let him have something to defend himself with. Christie took a pistol from his person and put it in the pocket on the inside of the car door. On seeing Vessells returning, McChord backed to the car, took the pistol in his left hand, and put it in his left hip pocket. Vessells was accompanied by Horace Gartin, the manager of the garage.

McChord asked Gartin who was boss there. Gartin replied that, when Kemp was away, Vessells was. At this point McChord and Christie say that McChord offered to shake hands with Vessells, and Vessells declined to do so. Gartin told McChord that he would have to get out, and that he had come back for the purpose of putting him out. At the same time he began to pull the sliding door as if he were going to close it. About this time Vessells stated that he could whip McChord, and McChord replied that he had the advantage of him in the shop, but that, if he wanted to fight, to come out on the street, and they would have a fair fight. There were several steel axles standing in the corner of the shop beyond the door. McChord and Christie say that Vessells picked up...