Mills v. Commonwealth

Opinion op the Court by

Judge Clay

Reversing.

Edward Mills, who was jointly indicted with his father, Marshall Mills, for the murder of Jess Baker, appeals from a judgment convicting him of manslaughter, and fixing his punishment at 21 years’ imprisonment.

The principal witness for the commonwealth was Oliver Baker, the ten-year-old son of the deceased. Oliver’s account of the homicide is as follows:

On the night previous to the homicide, he and his father rode a mule to the home of Bill Mills, a brother of Marshall Mills, the father of appellant. They put the mule in Bill Mill’s stable, and slept…