Smiddy v. Commonwealth

Opinion op the Court by

Turner, Commissioner

Reversing.

Appellant and his two sons, Bill and Dave, were jointly indicted, charged with the murder of Gross. The first count in the indictment charged them jointly with the killing, while the second count charged that his son, Bill, had done the killing, and that appellant and Dave were then and there present and near enough to and did aid, abet, counsel and assist Bill in the commission of the crime.

There were two other counts, in one of which the three were charged with a conspiracy to bring about the death of Gross, and in the other they were…