Howard v. Commonwealth

Opinion op the Court by

Judge Cammack

— Affirming.

Hubert Howard shot and killed Hiram Ingle at the Frozen Inn in Breathitt County early in the morning of March 14, 1939. Howard and Marcus Mann were jointly indicted for the crime at the March 1939 term of the court. The regular trial judge, being related to both Mann and Howard, disqualified himself, and the Commonwealth’s Attorney, because of his relationship to Mann, disqualified himself. After proof was heard the Commonwealth’s motion for a change of venue was ■overruled. Only five jurors of the regular panel having tentatively qualified, the…