Smith v. Commonwealth

Opinion op the Court by

Judge Latimer

Reversing.

Tipton Smith, the appellant, and Liza Cotton were .jointly indicted in the Clay Circuit Court for the willful murder of Jimmie Sizemore. Motion for separate trials was made and the Commonwealth elected to try the .appellant. The jury returned a verdict of guilty and fixed his punishment at 15 years in the State Reformatory. He appeals.

The case was first called for trial at the February term 1945, at which time the appellant insists he was ready for trial but that the Commonwealth announced not ready and thereupon moved the court for continuance to…