Huston v. Commonwealth

Opinion op the Court by

Morris, Commissioner—

Reversing.

Appellant by an indictment returned in the Bell circuit court was charged with having murdered Lucy Williams, his cousin. The homicide occurred about 7 p. m. on January 10, 1937. Besides the charge of murder the indictment carried charges of three former convictions, one for murder and two others for malicious cutting and wounding.

Appellant has had two trials on this same indictment. On his first trial, on a plea of guilty, the death penalty was inflicted. This court reversed the judgment on the sole ground that the jury had received…