McElfresh v. Commonwealth

MOREMEN, Justice.

Appellant, Harry McElfresh, age 66, and his son, appellant, Earl McElfresh, age 19, were convicted of the murder of Raleigh Simpson. Harry McElfresh’s punishment was fixed at life imprisonment, and his son was sentenced to death.

Appellants assign three grounds for reversal and insist that the court erred (1) in not granting a continuance; (2) in permitting the coat or jacket of decedent to be exhibited to the jury; and (3) in refusing a new trial after it was learned that the jury had separated.

On the day before the fatal encounter, a quarrel had developed. Simpson and Harry…