Marcum v. Commonwealth

Opinion of the Couet by

Commissioner Sandidge

Reversing.

Appellant, Riley Mareum, and his wife, Mary Mar-cum, were jointly indicted in the Martin circuit court for the crime of murder. The indictment charged that they, together with others unknown to the grand jury, con spired to do so, and that they, in furtherance of the conspiracy, did slay and kill U. G-. Johnson. Appellant was tried separately, was found guilty of manslaughter, and his punishment was fixed at confinement in the penitentiary for sixteen years. He appeals.

The most serious question presented by the appeal is whether the…