Shoemaker v. Commonwealth

Opinion of the Court by

Judge Clarke

Reversing.

The indictment herein charges the appellant and his brothers, Hobert and Herbert Shoemaker, with having murdered their father, that appellant shot and killed him with a shotgun, and that the brothers were present and aided and assisted therein. They were first tried together and the jury disagreed. Thereafter appellant, being tried separately, was convicted and his punishment fixed at life imprisonment in the penitentiary.

The single error assigned for reversal is the refusal of the court to grant appellant a new trial upon the fifth ground asserted…