McElwain v. Commonwealth

Opinion of the Court by

Judge Winn

Affirming.

Joe McElwain shot and killed Will Weir on October 17th, 1910. The killing occurred in Weir’s country store at Salmons Postoffice, in Simpson County. McElwain was thereupon indicted for murder at the regular November, 1910, term of the Simpson Circuit Court. With him was indicted his brother-in-law, Lum Vance, who was the only one present, save McElwain, when Weir was killed. The case came on for trial at a special term of the court, called for the purpose, held in December, 1910. The defendants exercised their right of separate trial, whereupon the…