Smith v. Commonwealth

Opinion op the Court by

Judge Perry

Affirming..

The appellant, Gilbert Smith, was jointly indicted by the grand jury of Clay county, with Andrew Small-wood, Elihue Smallwood, “and others to the grand jury unknown,” charged with the crime of willful murder,. Upon his separate trial, he was convicted and his punishment fixed at imprisonment in the penitentiary for life.

By the first count of the indictment, the appellant is charged jointly with Andrew and Elihue Smallwood “and other's to the grand jury unknown” with the crime of murder, committed by conspiring and banding together to shoot, kill,…