Westry v. Commonwealth

In June, 1964, Sam Westry, defendant, was tried by a jury on an indictment which charged him with the múrder of Robert Edward Harmon. He was found guilty of second-degree murder, his punishment was fixed at twenty years in the penitentiary and he was sentenced accordingly. He was granted a writ of error and here contends that the evidence was not sufficient to support the verdict and that prejudicial errors were committed in his trial.

He claimed in the court below that the killing was done not by him but by his companion, Herbert Lee Capps. Capps was the main witness for the Commonwealth, and…