Barker v. Commonwealth

Opinion op the Court by

Turner, Commissioner

Reversing.

Appellant was charged in an indictment with the mnrder of George Yaden by shooting and wounding him from which he died. In the same indictment it was charged that appellant’s brother, J. C. Barker, shot and killed Yaden, and that appellant at the time was then and there present and aided, abetted, counseled and encouraged J. C. Barker in said shooting and killing.

On appellant’s trial he was found guilty.of manslaughter and sentenced to imprisonment for 21 years, Ifrom which judgment this appeal is prosecuted.

In as much as there must be…