Martin v. Commonwealth

Opinion op the Court by

Morris, Commissioner—

Affirming.

The grand jury of Lanrel connty returned a true bill charging Dan Martin and his wife with the murder of Charley Benge. The indictment is out of the ordinary, since it charges the shooting occurred in Clay county, but that after the mortal wounds were inflicted Benge died, as a result thereof in Laurel county. Upon a separate trial appellant was found guilty of manslaughter and his punishment fixed at confinement in the penitentiary for twenty-one years. He appeals.

The shooting occurred in Clay county not far from the Laurel county line,…