Shepherd v. Commonwealth

Opinion of the Court by

Judge Fulton

Reversing.

The appellant, Willie Shepherd, appeals from a judgment sentencing him to the penitentiary for the burning of the barn of John Hughes. The principal' contention on the appeal is that a verdict of not guilty should have been directed for appellant.

The barn burned about 11 o’clock on the night of March 17, 1940. On that day John Hughes had been to Bosco to attend a trial in the Magistrates’ court. Apparently Marion Hughes, John’s son, had accused Will Marsilett, Will Shepherd and his two brothers of taking his dog and the trial was in connection with…