Rooney v. Commonwealth

Opinion of the Court by

Turner, Commissioner

Reversing.

Appellant was indicted and charged with the murder of Ed Baker, and upon his trial was found guilty and given a life sentence.

His motion and grounds for a new trial having been overruled he has appealed.

Appellant was a deputy sheriff of Bell county and on Sunday morning, July 17,1921, he left Pineville and went on a train a few miles to a mining camp. Shortly after his arrival at the mining camp his attention was directed in some way to the conduct of some hoys in an empty box *724car upon a switch. Among the boys was Ed Baker, about seventeen…