Sturgill v. Commonwealth

We are met at the threshold of the enquiry with a motion by the Attorney General to dismiss the writ of error awarded Sturgill and Flanary as improvidently awarded because it is not directed to a final judgment, as no final judgment has ever been rendered by the circuit court against the defendants.

At the March, 1937, term of the circuit court of Wise county the defendants were jointly indicted with Wilmer Whited for the murder of one Pete Hamilton. At the first calling of the case it was continued on the motion of the Commonwealth; on August 6, 1937, the case was continued on behalf of the…