Jacobs v. Commonwealth

Kelly, P.,

delivered the opinion of the court.

Upon an indictment for the murder of Harvey Palmer, James Jacobs was found guilty and sentenced to a term of ten years in the penitentiary.

The defendant excepted to the giving of a number of instructions, and also to the overruling of a motion fo,r a new trial, but the sole contention presented to us is that the evidence was not sufficient to warrant a conviction of murder in the second degree.

All of the parties involved were colored persons. The killing occurred about two o’clock on the morning of August 5, 1920, at the home of the prisoner and…