Eldridge v. Commonwealth

Opinion op the Court by

Judge Willis

TReversing.

Bruce - Eldridge and Clayton Calhoun were jointly indicted for the crime of burning a barn belonging to L. C. Calhoun. A separate trial was accorded Eldridge, and he was convicted and condemned to serve three years in the penitentiary. On this appeal he contends (1) that a special demurrer to the indictment should have been sustained, on the ground that the court had no jurisdiction, because the’ defendant was under 17 years of age when the offense was committed; (2) that the court erred in instructing the jury; and (3) that the. evidence was…