Lockard v. Commonwealth

Opinion of The Court by

Judge Thomas

Reversing the judgment in each appeal.

The appellants in the above two appeals, Lockard in the one and Morgan in the other, were jointly indicted in the Whitley circuit court, in which they were charged with murdering Wiley Smith. The killing occurred between one and two o’clock a. m. on October 19, 1920, in the city of Corbin on the pavement in front of the Busy Bee restaurant. The first count in the indictment charged the-two with committing the murder and the second one charged a conspiracy between them to commit it, and in pursuance thereto they did so.…