Tipton v. Commonwealth

Opinion of the Court by

Turner, Commissioner

Affirming.

On the 6th of October, 1926, tbe grand jury of Estill county returned an indictment against Elmer Tipton, Ted Tipton, and -Robert Tipton for willful murder, and on tbe 11th of October, 1926, upon the motion of the attorney for the commonwealth that indictment was quashed ,and the matter re-referred to the grand jury. On the same day the grand jury returned another indictment against the s-ame parties for murder, and the. defendant Elmer Tipton entered his motion to dismiss the indictment against him on the ground that he was, at the time…