Middleton v. Commonwealth

*355Opinion op the Court By

Judge Lassing

— Affirming.'

Walter Middleton and liis two cousins were indicted by the grand jury of Harlan county for the murder of Harmon Scott. Appellant, Walter Middleton, was given a separate trial in the Harlan circuit court, and the jury failed to agree. The case was then transferred to the Bell circuit court, and in a trial in that court held in April, 1909, the jury again failed to agree. For the third time the case was called for trial at the September term, 1909, at the Bell circuit court, and upon this trial appellant was found guilty and given a lifetime…