Fox v. Commonwealth

Opinion of the Court by

Judge Perry

— Affirming.

The appellant, Jess Fox, and Clyde Lnttrell were jointly indicted by the grand jury of Casey county, in wbicb they were accused of maliciously and feloniously killing and murdering Charley Fox, on Sunday evening, December 13, 1931, “by shooting and wounding him with a pistol and by cutting and wounding him with a knife, from which shooting and cutting the said Charley Fox did die within a year and a day thereafter.”

Upon the severance of the indictment and separate trial thereunder, the jury returned its verdict, finding the defendant, Jess Fox,…