Smith v. Commonwealth

Opinion of the Court by

Chief Justice Thomas—

Affirming.

The Breathitt county grand jury returned an indictment against- appellants and defendants below, Fletch Smith and Elisha Short, and Asbury -Spicer, charging them with murdering Patrick Howard on June 13, 1925, and which the evidence shows was committed 'by the perpetrator or perpetrators by waylaying Howard while he was traveling- horseback on a public road running up Cane creek in Breathitt county, and shooting him with a shotgun loaded with buckshot, from the effects of which he died. Defendants Smith and Short surrendered, but it…