Marcum v. Commonwealth

Opinion op the Court by

Clay, Commissioner

Reversing.

Appellant, Logan Marcum, was convicted of the wilful murder of his wife, Cora Marcum, and was sentenced to life imprisonment. On this appeal he relies on three grounds for reversal: (1) he was entitled to a peremptory instruction of acquittal; (2) the evidence is insufficient to support the verdict; and (3) the lower Court erred in failing to give an instruction on voluntary manslaughter.

The case against appellant is based entirely on circumstantial evidence. At about 10 o’clock on the morning of October 28, 1946, the body of appellant’s wife…