Mills v. Commonwealth

Opinion op the Court by

Judge Clay

Reversing.

Appellant, Marshall Mills, seeks a reversal of, a judgment convicting him of murder and fixing his punishment at life imprisonment.

The homicide occurred at about 11 o’clock a. m. on September 15, 1930. The deceased, Jess Baker, lived at the mouth of Laurel Branch, and was operating a moonshine still on the Buckeye branch of Big Stinking Creek. Appellant and his 17-year-old son, Edward Mills, lived on Tom’s branch of Big Stinldng about a half mile from the mouth of the branch. The principal witness introduced by the commonwealth was Oliver Baker, the…