Napier v. Commonwealth

Opinion of the Court by

Commissioner Hobson—

Reversing.

Monroe Napier and Charley Napier were indicted in the Leslie circuit court for the murder of Milliard Collins. On the trial of the case Monroe Napier was found guilty of murder and his punishment was fixed at life imprisonment; Charley Napier was found guilty of manslaughter, and his punishment was fixed at ten years ’ imprisonment. They appeal.

The proof for the commonwealth showed these facts: Eli Collins and his wife were returning from the mill, and met Millard Collins at the mouth of Pig Pen fork on Hell-for-Certain creek. Monroe Napier…