Hendrickson v. Commonwealth

DUNCAN, Justice.

This appeal is from a conviction of willful murder in the alleged killing of Ethel Sevier. Although this is the first and only appeal of this case, a companion case involving a similar charge in the killing of Elmer Sevier was reversed by this Court in Hendrickson v. Commonwealth, 314 Ky. 464, 235 S.W.2d 981.

We are met at the outset with the assertion that we are controlled in the present appeal by our prior opinion inasmuch as the evidence was substantially the same in each case. Although we perceive a substantial difference, which we shall discuss as the opinion proceeds, we…