Delp v. Commonwealth

The accused was tried upon an indictment charging him with the murder of Posey C. Martin. The jury found the accused guilty of murder in the first degree and fixed his punishment at death. This writ of error brings under re*566view the judgment of the court sentencing him to be electrocuted.

On the 21st day of February, 1935, the accused, Howard Delp, was arrested in the town of Galax, upon a charge of drunkenness. The arrest was made by Posey C. Martin, chief of police, at approximately six o’clock P. M. At that time the companion of accused, one Dowe Leonard, was also arrested and later both of…