Helton v. Commonwealth

Opinion of the Court by

Stanley, Commissioner—

Reversing.

There is no conflict concerning the fact that Omer Mackey was shot and killed while running upon the approach of officers of the law, or that three of the officers fired their pistols at almost the same moment. Each of them insists that he fired into the ground. The question at issue in the case was and is who- fired the shot which struck Mackey, or specifically whether the evidence introduced on the trial of the appellant, Nat B. Helton, is sufficient to sustain the verdict of. the jury finding him guilty and sentencing him to serve…