Smith v. Commonwealth

*533Opinion op the court by

Chief Justice Settle.

Reversed.

The appellant, Jonas Smith, was indicted in the court below for the murder of his father, Amos Smith. He was brought to trial within four days of the return of the indictment, by verdict of the jury declared guilty as charged, and given the death penalty. Of that verdict, the judgment entered thereon, and the refusal of the circuit court to grant him a new trial he complains; hence this appeal.

The facts leading to and connected with the homicide were few and simple. It appears' from the evidence that appellant and his father were negroes,…