Hopkins v. Commonwealth

Opinion of the Court by

Judge Rees

Reversing.

The appellant, Frank Hopkins, was indicted by the grand jury of Floyd county for the murder of Bill Puckett. On his first trial the jury failed to agree, and on his second trial he was convicted of manslaughter and his punishment fixed at confinement in the penitentiary for 21 years.

Puckett was shot and killed by appellant on Saturday night, September 15, 1928, near a church where services were being held. Appellant was in the church where services were being conducted before the killing occurred. Church services had progressed to the point where the…