Whitt v. Commonwealth

Opinion op the Court by

Turner, Commissioner

Reversing.

Appellant, Bill Stanley, and Lillie Smith were jointly charged with the murder of Robie Scott. A conspiracy is charged, and it is likewise charged that Stanley did the shooting resulting in Scott’s death, and that the other two were present aiding and abetting. It was further charged that appellant did the shooting, and the other two were presént aiding and abetting. On appellant’s separate trial he was found guilty of manslaughter and sentenced to five years’ imprisonment, and this appeal results.

The evidence discloses: That all the…