Castle v. Commonwealth

Opinion of the Court by

Commissioner Tinsley

Affirming.

The appellant, Ark Castle, and one Prank Prater, were indicted in the Floyd circuit court, charged with the murder of Dan Shepherd. Upon the calling of the case for trial, a' severance was granted, and the commonwealth elected to try appellant first. He was convicted, and his punishment fixed at confinement in the penitentiary for life.

Upon this appeal he complains (1) of the admission of incompetent testimony; (2) error of the court in refusing to permit á witness to testify; and (3) error in the instructions.

In his brief, counsel for…