Tharp v. Commonwealth

Opinion oe the Court by

Judge Clay

Affirming.

Shelt Tharp and his son, Mowbray Tharp, were jointly indicted for the murder of John Mitchell O’Con-nor. They were charged as principals, and also as aiders and abettors. On his separate trial Shelt Tharp was convicted of manslaughter and his punishment fixed at two years’’ imprisonment. The case is before us for review.

The homicide occurred early on the morning of June 23, 1936, about three miles from the city of Jackson on what is known as Stray branch, which empties into the Kentucky river about two miles above and on the opposite side of Jackson.…