Neace v. Commonwealth

Opinion of the Court by

Judge Carroll

Affirming.

Under an indictment charging them with the murder of Elvin Miller, the appellants, Thomas and Robert Neace, who are brothers, were convicted and their punishment fixed at confinement in the penitentiary for life.

Briefly, the evidence for the Commonwealth showed that the deceased was shot and killed without excuse or provocation by Thomas Neace at a time when Robert Neace was present and advising him to fire the shot that killed the deceased. The defense was that Thomas Neace ' shot and killed the deceased to prevent him from shooting and killing…