Pauley v. Commonwealth

At the November term, 1926, of the Circuit Court of Tazewell county, E. D. Pauley was indicted for murder of one T. J. Keesee. This homicide occurred on October 3, 1926. In due course the accused was brought to trial, and on November 19, 1926, the jury returned this verdict into court:

“We, the jury, find the defendant guilty of murder in the 2nd degree and fix his .punishment at five years in State penitentiary.”

The trial court was asked to set it aside as contrary to the law and the evidence. It was also claimed that evidence newly discovered and material had come to the knowledge of the…