Marcum v. Commonwealth

PALMORE, Chief Justice.

Reubin Marcum and Margaret Hoskins were jointly indicted, tried and found guilty of murdering Margaret’s husband, Elbert “Preacher” Hoskins, and they appeal from a judgment sentencing each of them to life imprisonment. Cf. KRS 435.-010.

It is our opinion that the evidence was not sufficient to support the conviction of either.

Unquestionably the victim was murdered, but there was no evidence to identify either Margaret or Reubin as the killer and, if one of them in fact committed the offense, no evidence of any complicity on the part of the other. It is almost, though not…