Fleming v. Commonwealth

Opinion op the Court by

Judge Clarke

Affirming.

The appellant was jointly indicted, with Solomon Johnson, by the grand jury of Floyd county, charging them with the crime of having murdered Sidney Tackitt. *657The indictment also charged, that appellant, on the 27th day of February, 1901, had been convicted, in the Letcher circuit court, of the crime of willful murder, and his punishment fixed at confinement in the' state penitentiary for life.

Appellant moved for a separate trial, which was granted, resulting in a verdict finding him guilty of murder and fixing his punishment at confinement in the…