Patton v. Commonwealth

Opinion op the Court by

Van Sant, Commissioner

Reversing.

The indictment returned by a grand jury of Bourbon county charged the appellant and his brother, Troy Patton, with murder in 3 counts. The first charged the defendants - jointly with shooting and mortally wounding Clifton Arnsparger; the second charged that Troy Patton fired the fatal shot and that Dennis Patton maliciously aided and abetted him in so doing; the third charged them with entering into a conspiracy in pursuance of which they armed themselves, broke into a storehouse, stole property therefrom, and, in attempting to escape…