Commonwealth v. Ashcraft

Opinion of the Court by

Judge Thomas

Declaring correct rule of practice.

The appellee, J. C. Ashcraft, was indicted and tried in the Madison circuit court upon the charge of willfully murdering one Tine Tillett. He was acquitted, and under the provisions of sections 335, 337, and 352 of the Criminal Code of Practice the commonwealth has prosecuted this appeal to obtain a certification of the law on two rulings of the trial court, which counsel contends were erroneously made to the prejudice of the prosecution. Those alleged erroneous rulings are: (1) The refusal of the court to qualify the…