Commonwealth v. Mull

Opinion by

Mr. Justice Drew,

Boy A. Mull and Grace Mull, husband and wife, together with their son Elmer Mull, were indicted and tried for the murder of one Margaret Schwickrath; the court directed a verdict in favor of Elmer Mull, but submitted the case against the others to the jury, which found them guilty of murder of the second degree. From the judgment and sentence they appealed, assigning as error the refusal of their motion for binding instructions, based on the ground that the venue as laid was not proved, and the refusal of the trial court to charge, as requested by them, that unless…