Clark, Kilburn and Kilburn v. Commonwealth

Opinion op the Court by

Judge McCandless

Affirming as to Monroe and Eloyd Kilbnrn and reversing as to Elihu Clark.

Elihu Clark, Monroe Kilburn and Floyd Kilburn, in a joint trial in the Perry circuit court on a charge of murder, were found guilty of manslaughter, and the punishment of Monroe and Floyd Kilburn fixed at ten years each and that of Elihu Clark at two years in the penitentiary. All appeal. This is the second appeal. The first appeal was by the Commonwealth from a mistrial, seeking a certification of the law, and the facts are fully set out in the opinion of this court in that case,…