Peal v. Commonwealth

Opinion op the Court by

Judge Clay

Reversing.

Bert L. Peal and J. A. Ross' were jointly indicted for the murder of John Mitchell. On a separate trial Peal was found guilty and his punishment fixed at two years’ imprisonment in the penitentiary. He appeals.

Peal and Ross were policemen in the city of Paducah. On August 7, 1927, Mitchell ■ and five other men were engaged in shooting craps on the bank of the Ohio river within' the city limits. Having knowledge of the game Peal and Ross proceeded to the place for the purpose of arresting the participants. According to the evidence for the…