Davenport v. Commonwealth

Opinion of the Court by

Sims, Commissioner

Reversing.

The defendant, J. C. Davenport, was convicted of murdering his wife and Ms punishment was fixed at life imprisonment. He assigns eight errors in seeking to reverse the judgment: 1. The indictment was defective; 2. he was entitled to a peremptory instruction, if not, then the verdict is flagrantly against the evidence; 3. evidence was introduced against him which was secured through an unlawful search of his home and store; 4. the court failed to instruct the jury on the whole law of the case, and an incorrect instruction was given; 5. the…