Albertson v. Commonwealth

Opinion of the Court by

Judge Cammack

Reversing.

The appellants, J. A. Fowler and Yirgil Albertson, were sentenced to life imprisonment for the murder of Neet Denney. Several grounds are urged for reversal, the principal ones being that the trial judge erroneously withdrew from the jury all evidence relating to a search warrant which was issued on the day preceding the killing, and the jury was improperly instructed.

At about 1:30 P. M. on September 7, 1947, the appellant, Yirgil Albertson, who was a constable of Clinton County; Bill Coop, who was also a constable; the appellant, J. A. Fowler,…