Shivley v. Commonwealth

Opinion op the Court by

Judge Willis

Affirming.

Elbert Sliivley was convicted of a crime and condemned to confinement in the penitentiary for a term of eight years. He is in this court complaining of the conviction on the grounds that the indictment was subject to demurrer for duplicity, that the evidence was permitted to take too wide a range, embracing proof of other offenses committed successively on the same night, and that the instructions were erroneous and inadequate.

The indictment accused the appellant .and three named associates, each and jointly, while acting together, the one with the…