Commonwealth v. Kelly

Opinion of the Court by

Stanley, Commissioner

Affirming.

Boyd Kelly was indicted in the Harlan circuit court for the murder of Fred Lewis. The motion of the Commonwealth to grant it a change of venue was overruled and the case went to trial before a jury from Bell county. It resulted in the conviction of the defendant, but the judgment was reversed. Kelly v. Commonwealth, 260 Ky. 715, 86 S. W. (2d) 695. When the second trial was called, an order was entered on the 7th day of the August term, 1936, merely reciting the renewal of the motion for a change of venue and sustaining it. The court then…