Fugate v. Commonwealth

Opinion of the Court by

Drury, Commissioner

Reversing.

Cynthia Manns was shot 'and killed on August 2, 1933. An indictment was returned August 16th, charging Jim Fugate with her murder. He was put on trial August 29th, and the jury having failed to agree, it was' discharged on September 4th, and immediately Fugate was again put upon trial, and this second trial resulted in his conviction and a sentence of death and he has appealed.

It is needless to recount the facts, as this judgment must be reversed for errors in which they play no Dart.

Fatal Error.

It appears from the bill of exceptions “that…