Waters v. Commonwealth

Opinion op the Court by

Judge Thomas

Reversing.

The grand jury of McCreary County, on June 21, 1916, returned an indictment against defendant (appellant), charging him with having wilfully murdered Will Flynn, by shooting him with a pistol. At the August term of the McCreary Circuit Court the defendant was tried under the indictment, and the jury returned against him this verdict: “We, the jury, do agree, and find the defendant guilty and fix his punishment at two years in the state prison. R. P. Baird, foreman.” Upon this verdict the court rendered judgment that the defendant “be taken to the…