Carson v. Commonwealth

Opinion of the Court by

Judge Lassing

Affirming.

Walter. Carson was indicted for the murder of Ed. Cochran. Hpon his trial, he was found guilty and his *295punishment fixed at confinement in the penitentiary for life. He appeals, and seeks a reversal primarily upon two grounds: First, that the court erred in instructing the jury; and second, that the Commonwealth’s attorney, in his closing argument, was guilty of such misconduct as entitled him to a new trial.

The facts as developed by the evidence are as follows: On the 21st of June, 1911, while Ed Cochran was engaged in inspecting ties near a store…