Holmes v. Commonwealth

Opinion of the Court by

Commissioner Hobson

Reversing.

Yirgil Anderson Holmes was indicted in the Lee circuit court for the willful murder of his wife Louisa Holmes, by driving,.running and directing an automobile, in which she was sitting, over a steep, high cliff, thereby hurling her with great force to the ground below and ■causing her death. The defendant pleaded not guilty. On the second trial of the case he was found guilty of murder and his punishment fixed at life imprisonment. He appeals.

The testimony for the commonwealth is, in substance, as follows: On November 10, 1925, the…