Elliott v. Commonwealth

Opinion of the Court by

Judge Turner

Reversing.

Appellant together with Benton Wadlington and Jack Magness was charged in an indictment returned' in the Graves Circuit Court with the murder of John Dallas; in separate counts they were each charged as principals and the other two as conspirators.

Appellant being on separate trial at a special term, in July, 1912, the jury disagreed, and thereafter, in No-. *792vember, 1912, be was again tried and found guilty of murder, and Ms punishment fixed at confinement in the penitentiary for life. His motion and grounds for a new trial having been overruled, he…