Commonwealth v. Kelly

Opinion op thp. Court by

Judge Clay-

— -Certifying law.

The grand jury of Harlan county returned an indictment against A. Z. Kelly, Alex Napier, and Charles Smith, charging them with the murder of Floyd Ball, sheriff of the county. The defendants applied for a change of venue on the ground that they could not obtain a fair and impartial trial in Harlan county. The reasons assigned were bias and prejudice on the part of the public, due to the prominence of the deceased and his family, to inflammatory articles appearing in the newspaper, and to the mob spirit prevailing in the county. After a…