Smith v. Commonwealth

Opinion of the Court by

Judge Winn —

Affirming.

The appellants, standing’ under a sentence of death imposed by a jury verdict and judgment in the Mason Circuit Court, appeal here. On Sunday, July 9th, 1911, the dead body of a negro man was found on the side of the sloping bank of a cut on the L. & N. Railroad track adjacent to the city limits of Maysville, Kentucky. The negro was a stranger in the community. No one in Maysville seems to have known him and, so far as the record discloses, no one there seems ever to have seen him prior to Friday, the 7th of July, immediately preceding the Sunday…