Burns v. Commonwealth

Opinion op the Court by

Judge Bratcher

Reversing.

The grand jury of the Clay circuit court at its September term, 1930, indicted McKinley Burns and Tolie Riley jointly, charging them with the willful murder of Albert Bishop Roberts. The body of Roberts was found dead on the 9th day of August, 1930, on Bull Shin Mountain in Clay county. A separate trial was asked and granted; the commonwealth elected to try McKinley Burns. The trial was set for the 9th day of the September term, resulting in a mistrial. The jury was dismissed from consideration of this case on the eleventh day of the term, and on…