Commonwealth v. Clark

Opinion of the Court by

Judge Thomas

Certifying the law.

Appellees, Elihu Clark, Monroe Kilburn and Floyd Kilburn, were jointly indicted in the Perry circuit court upon the charge of murdering Frank Horn. The first count charged the three with confederating and conspiring to commit the murder .and in pursuance thereto they jointly did it; while other counts charged each one individually with its commission and that the others- were then and there present aiding and abetting the- individual perpetrator in its commission. A joint trial was had in the -same court, which resulted in a disagreement…