Tyree v. Commonwealth

Opinion of the Court by

Judge Miller

Reversing.

Edgar Tyree and Sallie Mise were jointly indicted for the murder of Ira Barnes near Evans’ Ferry, in Laurel County. The tragedy was the result of a charge, repeatedly made by Barnes, that Tyree had stolen Barnes’ hog.

The indictment contained five counts; the first charging that the defendants, and other persons unknown to the grand jury, entered into a conspiracy to kill and murder Ira Barnes, and that as a result of this conspiracy, Edgar Tyree did kill said Barnes. The second, third, fourth and fifth counts charged the appellant with the crime of…