Smith v. Commonwealth

OpinioN op the Court by

Judge Barker

Reversing.

The appellant, James Garfield Smith, was jointly indicted with John and Ed. Taylor by the grand jury of Payette county, charged with the murder of William Moore. His trial resulted in his being found guilty by the jury as charged in the indictment, and his punishment fixed at death. Of this judgment he now complains.

The facts in this case, from the Commonwealth’s point of view, are in all substantial respects similar to those set forth in the opinion of this court on the appeal of appellant’s codefendant John Taylor, which appears in 90 S. W. 581,…