Barnett v. Commonwealth

Opinion op the Court by.

Drury, Commissioner—

Reversing.

Cleave Barnett and Sherman Barnett were indicted for the murder of Dave Fletcher. Upon his separate trial, Cleave Barnett was found guilty of manslaughter, and his punishment fixed at confinement in the penitentiary for five years. His motion for a new trial was overruled, he excepted, and has appealed.

These parties were neighbors, and formerly Mrs. Fletcher was Mrs. Cleave. Barnett. They were divorced, and after their divorce each remarried, and thus the former Louisa Barnett became Louisa Fletcher. Previous to their divorce, a little…