Nunn v. Commonwealth

• Citation: 33 S.W. 941
• Parties: NUNN v. COMMONWEALTH.
• Decision Date: 24 January 1896
• Court: Court of Appeals of Kentucky

33 S.W. 941

NUNN v. COMMONWEALTH.

Court of Appeals of Kentucky.

January 24, 1896

Appeal from circuit court, Garrard county.

"Not to be officially reported."

Shelby Nunn was indicted and tried for the murder of William Best. He was found guilty, and his punishment fixed at 21 years' confinement in the penitentiary. From a judgment on the verdict, the accused appeals. Affirmed.

Wm Herndon, for appellant.

W. S Tylor, for the Commonwealth.

PAYNTER J.

The indictment charges the accused, Shelby Nunn, with murdering William Best by shooting him. The trial resulted in a verdict of guilty, and fixing his punishment at confinement in the penitentiary for 21 years. There is evidence conducing to prove that on Monday, July 1, 1895, while both were drunk the accused and deceased had some difficulty, in which the deceased was the aggressor, and in which he drew his pistol on the accused, when accused wrenched it from him, then striking him with his fist. Thereupon the deceased went to his home, procured his gun, and returned to the front of the house where accused lived, where he made threats that he would kill accused. Finding the accused had gone down the road to avoid him, the deceased followed him until he learned the accused had gone beyond Paint Lick; on learning which the deceased returned home, however repeating his threats against the accused. The accused and Mrs. White the woman who owned the house where he lived, testified that, during the week following the difficulty, the deceased was seen about his promises with a gun, on more than one occasion, and on one day was seen to pass on public road by Nunn's house. Mrs. White testified that, on the Friday evening about sundown, the deceased passed along the road, and, after getting beyond the house of accused, fired a gun or pistol several times. At about 11 o'clock of the same night, as appears from the testimony of the accused and Mrs. White, the deceased came along the public road, in front of the house where they lived, and tried to get the accused to come out, and repeated his threats to take his life. The accused, on that night, tried to get a constable to arrest the deceased, but he declined to do so without a warrant. The evidence conduces to prove that on the Monday, the day of the first difficulty, the accused procured a pistol, on that night returned home at about 11 o'clock, wanted to go to the house of the deceased to compel him to return some money which deceased had forcibly and wrongfully taken from him, about which the first difficulty arose. After being persuaded from this course, the accused went outside, and fired his pistol many times. On Saturday morning, July 6th, the accused procured a shotgun, and carefully loaded it. The killing took place on Monday, July 8th, at a little before 12 o'clock m. One witness testifies that the accused told him, about 7 o'clock on that morning, that "Best should not pass the pike any more." Another witness testified that on the same morning, at about 10 o'clock, the accused told him that "he had a shotgun loaded with buckshot, and was going to blow Bill Best into hell." There was testimony establishing that the reputation of the deceased for peace and violence was bad, especially when drunk. The killing occurred on the public road leading by the house of the accused. The deceased and one Mitchell had been to Scott's blacksmith shop, on the Lowell pike, and on their return home they were compelled to pass by the home of the accused, which was situated at the intersection of the Lowell pike and the Lancaster and Paint Lick pike. Just at the point where the deceased should turn to go to his home, two shots were fired in quick succession,...