Clem v. Commonwealth

Opinion of the Court by

Turner, Commissioner—

Beversing.

Appellant was indicted in the Harlan circuit court charged with' murder, and upon his trial -was found guilty and sentenced to confinement in the penitentiary for life. His application for a new trial was denied, and he has appealed.

He and E. P. Howard were deputy sheriffs of Harlan county, and on the day of the homicide a justice of the peace had issued a search warrant authorizing the search of the house and premises of one John Middleton and the same was placed in the hands of one of these officers. The two officers went together to the…