Miller v. Commonwealth

Opinion of the Court by

Judge Clarke

Affirming.

*439The appellant, Wiley Miller, was indicted by the grand jury of Breathitt county, charged with having murdered John Spurlock in that county on the third day of January, 1917. Upon his motion for a change of venue, the cause was transferred to and tried in Powell county, resulting in his conviction, and his punishment being fixed at life imprisonment. Of this verdict and judgment he complains, first, because there was no evidence of his guilt, and his motion for a peremptory instruction should have been sustained; second, because the evidence was…